.SSi uEsXXI Nos. 8-9-10 

^PVi^ JOHNS HOPKINS UNIVERSITY STUDIES 

IN 

Historical and Political Science 

(Edited 1882-1901 by Herbert B. Adams) 

J. M. VINCENT 
J. H. HOLLANDER W. W. WILLOUGHBY 

Editors 




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BEGINNINGS OF MARYLAND 

163I-1639 



BY 



BERNARD C. STEINER, Ph. D. 

Associate in History in the Johns Hopkins University 



I 



BALTIMORE 
THE JOHNS HOPKINS PRESS 

PUBLISHED MONTHLY 

AUGUST-SEPTEMBER-OCTOBER, 1903 






BEGINNINGS OF MARYLAND 
1631-1639 



Series XXI Nos. 8-9-10 

JOHNS HOPKINS UNIVERSITY STUDIES 

IN 

Historical and Political Science 

(Edited 1 882-1901 by Herbert B. Adams) 

J. M. VINCENT 
J. H. HOLLANDER W. W. WILLOUGHBY 

Editors 



BEGINNINGS OF MARYLAND 

163 1-1639 



BY 

BERNARD C. STEINER, Ph. D. 

Associate in History in the Johns Hopkins University 



BALTIMORE 
THE JOHNS HOPKINS PRESS 

PUBLISHED MONTHLY 

AUGUST-SEPTEMBER-OCTOBER, 1903 






.38/ 
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Cafn 



Copyright, 1903, by 

THE JOHNS HOPKINS PRESS 



V^^t £erb (gfaftintore (pwee 

THE fr:edbnwald company 

BALTIMORE, MD., U. S. A. 



CONTENTS 

PAOB 

Introduction 7 

Claiborne and His Enterprise 9 

Opposition to Lord Baltimore » I3 

The Lord Baltimore's First Expedition i5 

Baltimore's Instructions to His Colonists 21 

The Voyage of the Ark and the Dove 24 

The Landing in Maryland 29 -^ 

Calvert's Potomac Voyage 31 

The Founding of St. Mary's 34 

Beginnings of the Provincial Trade 40 

Kent Island Settlement 43 

Growth at Kent Island 46 

Claiborne and His Partners 48 

Calvert and Claiborne 5° >- 

Petty Warfare 55 

Harvey's Overthrow 5° 

The Coming of Capt. Evelin 61 

Growth of St. Mary's 65 

The Governor's New Commission 68 

Attempts to Subdue Kent Island 71 

The New Year and the Assembly 74 

The Conquest of Kent Island 81 

Proceedings against Smith and Claiborne 85 

Claiborne's Petition in England 88 

The Claims of Cornwallis and the Jesuits 90 

Father White's Report Qo 

Early Court Records 99 

The Third Assembly I03 

The First Provincial Laws 107 



BEGINNINGS OF MARYLAND 



THE FIRST SETTLEMENTS AND THE ESTAB- 
LISHMENT OF THE CAPITAL AT ST. MARY'S 

Introduction 

The twenty-fifth of March is the day on which the first 
colonists sent out by Lord Baltimore landed on the 
soil of Maryland. In 1903, that day was celebrated 
throughout the schools of the State as Maryland Day, 
and the establishment of that custom seems to make a re- 
statement of thei beginnings of the settlement of the 
Province/ a task worthy of accomplishment. The at- 
tempt is here made to trace these beginnings, with the 
same minute care with which the citizens of Massachusetts 
have traced the beginnings of their Commonwealth. No 
one has attempted to do this in an elaborate fashion, since 
the publication of the Archives of Maryland has unlocked 
the treasures of our early records. A careful study of 
these printed records yields many new details, and ad- 
ditional facts of interest, with reference to the Kent Island 
Colony, are found in the manuscript records of the English 
Court of Admiralty. 

Lady day in March is a fit time for the beginning of 
things. With the feast of the Annunciation, all mediaeval 
Christendom began the new year, and tenants of land 
throughout England remembered it as the quarter-day, 
when rents were paid. No fitter day could be chosen than 
this as the natal day of that State which is Terra Marise. 
No other day was so well suited for the first settlement of 



8 Beginnings of Maryland. [360 

the province and no other name could have been given to 
the place of settlement than the name which was hers to 
whom the day was dedicated and hers from whom the 
province took its name. The pious men in the first com- 
pany of settlers must have thought with pleasure on this 
coincidence of dates when they landed on the bank of the 
Potomac. Spring was at hand and with it bloomed Mary- 
land into life. 

The little band that began the provincial history of 
Maryland had sailed from England ' on November 22, 1633. 
The reverend chronicler of the voyage, that " discreet " 
Jesuit, Father Andrew White, remembered that it was St. 
Cecilia's Day, and thus all Maryland's beginnings had the 
gracious patronage of woman. The narrative of Father 
White has reached us in various forms. W^ritten shortly 
after the landing, in both English and Latin, the former 
was transmitted in at least two copies, one to Sir Thomas 
Lechford and one to Lord Baltimore. The copy sent 
Lechford ^ came into possession of the Maryland Histori- 
cal Society in 1894 and has been published by them, while 
that sent Baltimore was used by him as a basis of a little 
pamphlet' spread abroad by him as an advertisement of his 
colony and known as "A Relation of the Successful Begin- 
nings of the Lord Baltimore's Plantation in Mary 
Land," 1634. The Latin narrative, sent to White's ecclesi- 
astical superior, Mutius Vitellesetis, or Vitelleschi, was 
preserved in the Jesuit archives, and was translated by 
N. C. Brooks for the Force's Tracts," while the narrative it- 
self, with a translation by J. Holmes Converse, was edited 
by Rev. E. A. Dalrymple and published by the Maryland 
Historical Society." 



*35 Fund Pubs. 23, 26. 

* 35 Fund Pubs., Calvert Papers, No. 3, ed. by C. C. Hall. 
' Reprinted as Shea's Early Southern Tracts, i, 1865, as edited by 
Brantz Mayer. 
*Vol. 4. 
'7 Fund Pubs. On p. 117 is a sketch of Father White's life. 



361] The First Settlements. 9 

Claiborne and His Enterprise 

The charter of Maryland had been granted to Cecihus 
Calvert, second Lord Baltimore, on June 20, 1632, and he 
had at once taken measures to send an expedition to oc- 
cupy his new province. The delay of fifteen months before 
the expedition started was due not alone to the necessary 
preparation for the voyage, but also to the opposition of 
the Virginians.* They claimed that their rights were in- 
fringed by Baltimore's charter and pointed out that, while 
the old Virginia company still existed, in 1623, an order in 
Council had assured the "Adventurers and Planters " that 
their estates should receive no prejudice, but should be 
fully and wholly conserved, all changes made being merely 
in the form of government. These pledges had been re- 
newed several times, yet now they find a large tract of land 
contained in the limits of the company's charter given to 
another. As the adventurers in Virginia were, in a man- 
ner, tenants in common, their claim could not thus be wiped 
out and their estates preserved. Worst of all, the new 
charter gave Baltimore, a Roman Catholic, two-thirds of 
the Chesapeake Bay, or the " Bay of Virginia," and cut off 
the Virginians from the profitable Indian trade in the 
north. That trade had been carried on by them for twenty- 
five years, and they had issued commissions for men to 
exchange " truck " for furs from year to year. Among 
these traders had been William Claiborne, a younger son 
of a Westmoreland family,' who had come to America as 



He was born in London about 1579, ordained as a secular priest 
1605, and became a Jesuit in 1609. He had taught candidates for 
the priesthood in Spain and at Douay and Liege. He acquired the 
Lidian language, located himself at Mattaponi, prepared an Indian 
grammar and catechism. In 1644, he was seized by Claiborne's 
men and sent to England with Father Fisher, charged with violat- 
ing the law as to missionary popish priests. He never returned to 
Maryland after his release but died under an assumed name in 
London on Dec. 27, 1656. Father Fisher returned to Virginia in 
1648. 

° Council, 5 Md. Arch. 175, 3 Arch. 19. 

' Second son of Sir Edward Cleburne or Clayburne. Neill, Found- 



10 Beginnings of Maryland. [362 

surveyor of the Virginia Company in 1621, and gaining 
prosperity, had been made Secretary of State for the 
Province in 1625. In 1627 Governor Yeardley, of Vir- 
ginia,' gave him authority to sail " with a sufficient com- 
panie of men in a shallop for discoverie of the bottom of 
the Bay of Chesepeck," to trade with Indians there and to 
govern his company on the voyage, save as to matters of 
life and death, according to the laws of the sea. A like 
commission* from Gov. John Pott in 1628 authorized him 
to trade with the Indians for six months. The success of 
these voyages was such that Claiborne, who had been 
made captain of forces against the Indians ^^ in 1627 
and in 1629,'°* associated himself with a firm of London 
merchants, known as Cloberry & Co., or Cloberry & 
Murehead, who were to advance capital for the business. 
In the course of his trafficking, Claiborne had been pleased 
with what Capt. John Smith called Winston's Island. On 
this island he proposed to establish a plantation, and for 
that purpose a commission was obtained on May 16, 1631, 
from Charles I, signed by Sir William Alexander, Secre- 
tary of State for Scotland," authorizing him and his asso- 
ciates to trade " for corne, furres or any other comodi- 
ties in all parts of New England and Nova Scotia, where 
there is not already a patent granted to others for sole 
trade," and directing the officers in Virginia to permit 
him and his companions to trade in " all the aforesaid 
parts " without any hindrance. Why this grant was ob- 
tained under the Scotch crown is unknown. Possibly Clo- 



ers of Md. 38. Neill thought the English home might be the 
reason of the name of Westmoreland Co., Va. Claiborne re- 
turned to Virginia in 1640 and closed his life at West Point. 
The date of his death is unknown. 

' Coun., 5 Arch. 158. 

• Coun., 5 Arch. 160. 

" Neill, Founders of Md. 39. 

"* Coun., 5 Arch. 161. In that year he signed as councillor the 
statement against George, Lord Baltimore. 

" Coun., 5 Arch. 162 ; 3 Arch. 19. 



363] 'I he First Settlements. 11 

berry & Company had friendly relations with Alexander, for 
it seems that the firm obtained the grant." 

It will be noticed that this is neither a patent for land, 
nor a grant of trade in Virginia, nor a grant of jurisdic- 
tion, which defects caused Claiborne much trouble later. 
Coming up the Chesapeake with this commission, he 
" planted " his chosen island, calling it the Isle of Kent, 
and soon afterwards bought the land from the Indians, 
about one hundred of whom he found there. 

It is not quite clear who took the initiative in forming 
the partnership between Cloberry & Co. and Claiborne. 
After the latter's return to England, in 1637," a suit was 
brought against him by Cloberry & Co."^ for an accounting, 
and from the affidavits then made, we learn that both par- 
ties had visions of a very profitable trade with the Indians 
in the Chesapeake and Delaware Bays, the Hudson River, 
New England, and Nova Scotia. William Cloberry had 
" adventured " to Canada with Kirk and so did not enter 
into the plan ignorantly. He took two-sixths of the joint 
stock and the other sixths were taken by John Delabarr, 
Maurice Thompson, Simon Turgis and William Claiborne. 
It was later claimed by Claiborne that the venture, on ac- 
count of his offices in Virginia, was but for one voyage, 
but it seems more probable that it was intended to be a 
permanent connection. It was at his instance that the 
Scotch commission was obtained, as he claimed he could 
not go without hindrance from the Governor of Virginia," 
unless he had especial royal license. Though not satis- 
fied with this license, Claiborne was induced to rely on it 



" New England's southern boundary was 40 degrees, considerably 
north of Kent Island. 

" Coun., 3 Arch. 32. 

"a Much of the information as to the early history of Kent Island 
Plantation comes from the unpublished records of the London Court 
of Admiralty, transcripts of which are possessed by the Md. Hist. 
Soc. Martin c. Claiborne, 1638. Cloberry c. Claiborne, 1638-1640. 
Claiborne c. Calvert, 1643. Smith c. Cloberry, 1645. 

"Had relations between him and Harvey already become strained? 



12 Beginnings of Maryland. [364 

for the present and not stop the voyage. Afterwards he 
asserted that Cloberry & Co. promised to obtain a patent 
of land, shortly, through their friends at court. Their 
failure so to do was one of his great causes of complaint. 
The partners " fitted out the Africa, John Watlington, 
master, carrying a cargo valued at £1318.19.8 and 17 in- 
dentured servants, and paid the owners of the vessel £700 
for freight and wages of the seamen. They alleged later 
that Claiborne only paid for his sixth of the cargo and 
promised to allow interest for the other advances at the 
Virginia rate, 25 to 30 per cent. Several passengers for 
Virginia were also on board and the ship left England on 
May 28, 163 1.'* On July 20 they reached Kecoughtan, 
where they established a storehouse, in which supplies 
and peltries could be kept until the sailing of the ships 
from that point to England. They also provided them- 
selves with nineteen sows and a boar," hens and a cock, 
ducks, a wherry, and other needful supplies for the planta- 
tion. After a short stay in Hampton Roads, the expedi- 
tion sailed up the bay and reached the island. The 
settlement of Kent Island was made on August 17, 1631, 
almost a year before the charter of Maryland was granted 
to Baltimore, with the right of jurisdiction over territory 
" hitherto unplanted." Thus Claiborne is seen to have 
some ground for his case, though himself without a grant 
of jurisdiction, if this famous clause in the charter was 
understood as one of limitation and not description. Clai- 
borne did not spend all his time on Kent Island, though 
he had a private plantation there called Craford,'^ but con- 



" Thompson came on the Africa at Deal and made inventory 
of the joint stock. 

" Many of these dates come from Claiborne's itemized account 
appended to his answer to Cloberry and Co., Nov. 11, 1639. Admlty. 
Recs. Libel 100, No. 63. 

'^ A boar from Popley's or Poplar Island was bought on Sept. 
3, 1632. 

^* Coun., 5 Arch., Davis Day Star 44 : Claiborne's settlement 
was at Kent Point, near by were the mill and fort. Baltimore 
gave the manor to Leonard Calvert for his services in the con- 



365] The First Settlements. 13 

tinued to possess his Virginia residence at Hampton or 
Kecoughtan, and to sit in the Virginia council. On March 
8, 163 1 -2 after Kent Island was planted," Claiborne showed 
his adventurous nature by securing from Governor Har- 
vey, of Virginia, a license to trade unto the adjoining plan- 
tations of the Dutch or unto any English plantations. The 
chief advantage of his Scotch commission seems to have 
been that it was unlimited as to time.'" Kent Island was 
so thoroughly regarded as a part of Virginia before ever 
the name of Maryland was heard of, that in the House of 
Burgesses sat in 1631-2 Capt. Nicholas Martin as delegate 
from Chisquack in the Northern Neck and Kent Island. 

Opposition to Lord Baltimore 

When word of the Maryland charter came to Virginia, 
the planters there prepared a petition to the King of Eng- 
land,"^ which was referred on May 12, 1633, to the Lords 
Commissioners for foreign plantation. On June 4 they 
summoned all parties to come before them on June 28, 
and, after hearing the cause, postponed decision until July 
3, in hopes that the controversy might be accommodated 
in friendly manner. As these hopes failed, the decision 
was made that they would leave the Lord Baltimore to his 
patent and the other party to the course of law, accord- 
ing to their desire. " To prevent further difficulty the 
Commissioners directed that the Planters on either side 
shall have free traffique and commerce with each other 

quest of the island and the latter assigned it to Capt. Giles Brent on 
Se^t. 7, 1640, in whose family it remained: for some generations. Cra- 
ford stood near Craney Creek, now a pond, and is frequently men- 
tioned in old land records. The Matapeake Indians lived at one 
time near Indian Spring, at another in Matapex Neck. 2 Bozman 
97 suggests that the Fort was probably situated on the first naviga- 
ble creek lying on the left hand in ascending the Eastern Bay after 
passing Kent Point. The local tradition agrees with this and bits 
of glazed bricks can be picked up on the supposed site. 

" Coun., 5 Arch. 163. 

^'' It also gave him clear right to trade outside of Virginia. 

" Coun., 3 Arch. 21. 



14 Beginnings of Maryland. [366 

and that neither part shall receive any fugitive persons be- 
longing to the other, nor doe any Act which may drawe a 
warre from the Natives upon either of them; and, lastly, 
that they shall sincerely enterteine good correspondence 
and assist each other on all occasions, in such manner as 
becometh fellow subjects and members of the same State." 
This was a practical victory for Baltimore, though Clai- 
borne claimed that he won," since the Isle of Kent was cul- 
tivated and hence was not included in the " Patent " to 
which Baltimore's rights were referred. 

At this time the King wrote to the Virginia Governor 
and Council, courteously acknowledging their petition, 
stating that he wished a mutual correspondence between 
Baltimore and them," and directing them and " the rest of 
the Old Planters " to use Baltimore, who planned to head 
the expedition, " with that courtesie and respect that be- 
long to a person of his rank and qualitie and departed 
from hence in our very good grace and favor." They 
should suffer his servants and planters to buy and trans- 
port " such Cattell and other commodities to their Colony, 
as you may conveniently spare at reasonable rates." In 
general, they must give " such lawfull assistance as may 
conduce to both your safeties and the advancement of the 
plantation of those Countries." On July 31, the Privy 
Council directed all officers to forbear to take or press any 
persons belonging to the Ark, either on the voyage to 
Maryland or on her return, and that she be allowed " to 
pass and return without any let or hindrance." '"^ 

Armed with such credentials as these, it might be 
thought that the future course of the Lord Proprietary 
would have been an easy one, and such might have been 
the case had Calvert's enemy less pertinacity or dogged 
persistence than Claiborne. But with that man the over- 
throw of Baltimore became a fixed and permanent idea. 



■ Coun., 3 Arch. 32. 
Coun., 3 Arch. 22. "^ Neill, Founders of Md. 60- 



367] The First Settlements. 15 

Year after year, under king, commonwealth, or protector, 
he battled to destroy the power of the Maryland charter. 
So struggling, he outlived his adversary, and his last fruit- 
less petition was dated forty-five years ^* from the settle- 
ment of Kent Island and was made to Charles II by 
" Col. William Claiborne, a poor old servant of your 
Majesty's father and grandfather." Assuredly, Claiborne 
was the " evil genius " of the proprietor, if not of the 
province. 

The Lord Baltimore's First Expedition 

The summer and autumn of 1633 passed with busy prep- 
arations made by Baltimore for his new plantation."* 
Finding that his presence in England was required," re- 
luctantly he gave up the leadership of the expedition, trust- 
ing " by the Grace of God " to be in Maryland in the fol- 

"Coun., 5 Arch. 158, March 13, 1676-7. See McMahon's Md. 

"^Johnson's Foundation of Md., 18 Fund Pubs. 24, prints from 
Stonyhurst Anglia, Vol. IV, a paper entitled " Objections answered 
touching Maryland," which was prepared by Richard Blount, Pro- 
vincial of the Jesuits, for Baltimore's guidance. It maintains that 
the English laws against Roman Catholics were made for " reason 
of State ; for the safety of the king and kingdom more than reli- 
gion, was the cause and end of those laws," that it is better to let 
Roman Catholics go to Maryland than to allow the country to re- 
main in possession of heathen, and that Romanists have already 
been permitted to go to France, a country to which the king's title is 
even better than to Maryland. The paper goes on to answer objec- 
tions; that the king's revenue will be impaired by loss of the bene- 
fit it receives from the estate of English recusants, that the settle- 
m^ent of Roman Catholics in Maryland would much prejudice Eng- 
land by drawing considerable number of people and transporting 
wealth thence, that a settlement of Roman Catholics would be 
dangerous to the Protestants in Virginia and New England. Bet- 
ter English Romanists than Dutch or Swedes, said the provin- 
cial, and no emigrants to Maryland, as long as they may live 
peaceably under their own government without oppression, either 
in spirituals or temporals, will desire to bring in any foreigners 
to domineer over them, which misery they would undoubtedly 
fall into, if any considerable foreign prince or State had the pos- 
session of the English colonies in Virginia or New England. The 
paper shows the care with which Baltimore armed himself against 
interruption in his plans. 

"28 Fund Pubs. 134. 



16 ifegmmngs of Maryland. [368 

lowing year. His presence in England was ever necessary 
to guard his charter privileges in the troubled years that 
followed, and the first Lord Proprietary of Maryland never 
saw his distant province. To replace himself at the head 
of the party, he put his brother Leonard, then about 
twenty-eight years old, and with him sent a younger 
brother George. The lieutenant-governorship of Mary- 
land, thus conferred upon Leonard Calvert, remained in 
his possession, except when he was thrust out by revolu- 
tion, until his death a dozen years later. He seems to have 
been a tolerant, cool, conscientious man, faithful to his 
brother's interest, possessed of some executi-ve ability, 
but with the fatal lack of personal magnetism, of the 
power to attach men to himself, or of the ability to judge 
who would be faithful to him, which was so detrimental 
to the Calverts and so characteristic of the family. Of his 
private life, we know but little, though he was certainly 
married. Of George Calvert "^ we know almost nothing, 
and he was not one of the governing board of the expedi- 
tion, probably because of his youth. Jerome Hawley,'^'' a 

"* He is said to have removed to Virginia, and died there. Gov. 
Leonard Calvert left two children. (i) Col. William Calvert, 
mem. of the council of Md., 1669-1682. Drowned in 1682. He 
married Elizabeth daughter of Gov. W^" Stone and left issue, 
which is extinct in the male line. (2). Anne Calvert, who mar- 
ried I" Baker Brooke (d. 1697). 2° Henry Brent (d. 1693), 3° Rich- 
ard Marsham (d. 1713). She had issue only by her first marriage. 
Gov. Leonard Calvert's widow was living in Maryland in 1673 
(Calvert papers, i, 297). [Dr. C. Johnston furnished these facts.] 

"*> Jerome Hawley (Neill, Founders 83; Streeter, 9 Fund Pubs. 
108), son of James, of Brentford near London, is first heard of in 
1615 where he seems to have had some' connection with the trial of 
the Countess of Somerset for conspiring to poison Sir Thomas 
Overbury. He was later a sewer or superintendent of the queen's 
banquets. On Nov. 20, 1633, he made a will in England. He came 
to Maryland with his wife Eleanor, but returned to England in 
1635, to defend Cornwallis's action m the conflict with Lt. Warren. 
There he remained over two years, conferred with the king on the 
tobacco trade and, early in 1637, was made treasurer of Virginia 
and appointed to receive the quit-rents in that province. He does 
not seem to have given up his connection with Maryland, nor his po- 
sition as councillor, after his return to America, but sat in the Md. 
Assembly on Feb. 8, 1637-8, and signed the proclamation of Cover- 



369] The First Settlements. 17 

brother to the governor of Barbadoes, and Thomas Corn- 
wallis "" were appointed commissioners and associated 

nor Calvert on Feb. 12 against the Kent Islanders. He had re- 
turned to Jamestown by the middle of March and on May 8 wrote 
to Sir Francis Windebank, complaining ihat Gov. Harvey had not 
restrained the Swedish vessels, the " Key of Calmar " and " Griffin," 
sent to establish a colony of that nation on the Delaware, though 
the vessels had refitted for 10 days at Jamestown. He states that 
he has " discerned some underhand oppositions made " against him 
and asks a warrant for fees and power to appoint deputies to view 
tobacco. About this time, Richard Kemp, Secretary of Va., bit- 
terly complained against Hawley's commission in a letter to Balti- 
more (28 Fund Pubs. 152), stating that Hawley would rob both 
the governor and secretary of their remuneration. Before any result 
could come, Hawley died in July, 1638. Streeter suggests that the 
item for surgeon's bills in the administration account may point to 
some accidental injury. Administration was given Cornwallis (4 
Md. Arch. Prov. Ct. loi) and inventory rendered Apr. 20, 1639. 
Jerome Hawley had among his brothers : Henry, the governor 
of Barbadoes; William, who acted as his deputy, in 1638 removed 
to Maryland and signed the Protestant Declaration in 1650; and 
James of Brentford. (Brown's Genesis of the U. S. 911). The last 
wrote to William, July 30, 1649 (4 Md. Arch. Prov. Ct. 503-505; 
Neill, Founders 85), sending proof that Jerome was indebted to him, 
authorizing William to collect the debt, and stating that Cornwallis 
seized on the estate, " pretending that he was indebted unto him, 
but I am informed it was only doubtful pretence to defaud me." 
He speaks of Jerome as having left but one daughter, who is in 
Brabant. 

"<= Thomas Cornwaleys or Cornwallis was as distinctly the mili- 
tary leader of Maryland, as Miles Standish was of Plymouth. He 
alone was known as " the captain " and so well off in this world's 
goods was he that in 1641 he paid one-fourth of the tax levied on 
St. Mary's County. (See 18 Fund Pubs. 176, Streeter's papers relat- 
ing to Early History of Md., 9 Fund Pubs. 124; Neill's Founders 
6g; Neill's Eng. Colonization 251.) He was second son of Sir Wil- 
liam Cornwallis grandson of Sir Charles, ambassador to Spain, and 
great-grandson of Sir Thomas, comptroller of the household of 
Queen Mary. He was born in 1603, and died in 1676 at Burnham 
Thorpe, Norfolk Co., England, where his residence is said to have 
been called Maryland Point, from his experience in the province. 
Neill wrongly thinks he was a Protestant (28 Fund Pubs. 172 proves 
him to be a Roman Catholic). Streeter describes him as " one of 
those individuals, whose presence is desirable in any community, but 
all important in a colonial enterprise, who self-confident, cool in the 
hour of danger, firm, frank and determined, make their mark in a 
community and become, without special effort on their own part, 
formers of public opinion and centers to which all eyes turn, in 
cases of emergency & doubt." In 1640, he finished a substantial 
brick house, the best in the colony, and visited England, probably 
on business concerning the settling of Jerome Hawley's estate. 
His first wife had been attending to his affairs in England in 1638 
(28 Fund Pubs. 170). In Dec, 1641, he returned, in a ship com- 

35 



18 Beginnings of Maryland. [370 

with Leonard Calvert as the nucleus of the Council." 
Cornwallis became a prominent inhabitant of the province. 
Hawley became later treasurer of Virginia, and died in 
1638. 

manded by Ingle, and soon had 4000 acres of land laid out for him 
on Potomac River " upward of Port Tobacco Creek." His manor, 
Cornwalleys' Cross, was plundered by Ingle in Feb., 1645, and much 
valuable plate and furniture taken. Cornwallis had sailed for 
England, in April, 1644, and remained there until 1652, when he 
returned to Maryland to demand compensation for injuries done 
his property during Ingle's revolution. He then filed a list of ser- 
vants brought into the province by him, to secure the amount of 
land due him. From this list, we learn that he brought in 12 in 
the Ark and received 5 more from the death of his partner, J : 
Saunders (vide 4 Md. Arch. Prov. Ct. 14). In 1634, he brought in 
4 from Virginia, one of whom was Cuthbert Fenwick; in 1635, he 
brought in 9, one of whom was Zachary Mottershead. Five more 
in 1636, 5 in 1637, 9 in 1639, 5 in 1640, 12 in 1641, i in 1646 and 7 
in 1651, make a total of 77 persons whom Cornwallis brought to 
Maryland within 20 years. (Five names may be in the 17 in the Ark 
or may be additional ones. In that case the number would be 82). 
Rightly could he say that : " It is well known he hath, at his great 
cost & charges, from the first planting of this Province, for the 
space of 28 years, been one of the greatest propagators & in- 
creasers thereof, by the yearly transportation of servants, whereof 
divers have been of very good rank & quality, towards whom & the 
rest he hath always been so careful to discharge a good conscience 
in the true performance of his promise & obligations, that he was 
never taxed with any breach thereof, though it is well known & 
he doth truly aver it, that the charge of so great a family as he hath 
always maintained was never defrayed by their labor." (Md. Arch. 
Ass. 463, Petition of Cornwallis Sept., 1663.) On his return to 
Maryland, he continued to have bricks delivered him in each of the 
next two years and was probably planning a house on the Potomac 
above Potopaco. In 1654, he again visited England and there mar- 
ried, probably in 1657. He came to Maryland with his young 
wife early in 1658 and took up 1000 acres of land in Kent 
County (9 Fund Pubs. 203) on Aug. 16, calling the tract Corn- 
wallis's Choice. On June 2, 1659, he sailed for England, leaving 
his ample estate in the care of Mr. Richard Hotchkeys and, except 
for a possible brief visit in the next few years, no longer saw the 
province in whose early history he played so important a part. 
He well styled himself " one of the first and chief adventurers for 
the planting & inhabiting " the province. (Private correspondence 
of Jane, Lady Cornwallis 1613-1634, p. xxxix, London, 1842). 

He had nine children: William, John, Thomas, b. Apr. 19, 1662, 
d. July 1 731, Rector of Erwarton, Mary, Penelope, Penelope, Kath- 
erine, Penelope, Mary. His will was made Jan. 12, 1675 and proved 
March 4, 1676. His second wife Penelope Wiseman, daughter of 
John of Tyrrell's Essex was his executrix and died at Erwarton, 
Nov. 7, 1693, aged 57. (Brown's Genesis of the U. S. 863.) 

" Relation of 1635, 65. This work is a second and enlarged edi- 
tion of the Relation of 1634. 



371] 'I He tirst Settlements. 19 

The son of Sir Thomas Gerard," two sons of the Lady 
Anne Wintour, the son of Sir Thomas Wiseman, and nine 
other gentlemen are named as being in the expedition. 
Some of the lesser emigrants were lodged by Gabriel 
Hawley, Baltimore's deputy, with certain inn-keepers, 
while the vessels were preparing to sail, and a suit for 
their entertainment was brought "' when the voyage was 
about to begin and may have been one cause of Lord 
Baltimore's detention in England. He wrote that there 
were about three hundred laboring '" men and handicrafts- 
men in the vessel. We have no exact information con- 
cerning the religion of the party. It is certain that most 
of the gentlemen were Roman Catholics and that many of 
the yeomen and servants were Protestants."* 

The enemies of the expedition were vigilant. Rumors 
were carried to the Privy Council that Baltimore " in- 
tended to carry over nuns into Spain and soldiers to serve 
that king," and, when the Council laughed at these stories, 
the Attorney-General was induced to " make an informa- 
tion in the Star Chamber " that the vessels had gone with- 
out proper custom house papers and " in contempt of all 
authority," the emigrants " abusing the king's officers and 
refusing to take the oath of allegiance." On October 19, 
after the ship had already dropped down the Thames to 
Gravesend,'" a command was sent, post haste, to the ad- 



" Richard Gerard, who went back to England in about a year, 
Edward and Frederick Wintour, Henry Wiseman. Relation of 
163s, 65. Frederick Wintour died before 1638, and Edward shortly 
after him. Neill, Founders of Md. 49, 64; Brown, Genesis of the 
U. S. 1056. 

'* Coun., 3 Arch. 24. 

"Browne, Md. 21; Neill, Founders of Md. 63. (Letter to Earl 
of Strafford.) 

"a Johnson (18 Fund Pubs. 32) thinks that all the Catholics must 
have embarked at the Isle' of Wight, points out that more than half 
(128 out of 200) took the oaths, and cites Father Henry More, who 
wrote a memorial from England to Rome in 1642, for support of the 
position that "by far the greater part were heretics." Her also 
quotes a letter from Father White, dated 1641, stating that " 3 parts 
of the people in 4 are heretics." 

"" Coun., 3 Arch. 23. 



20 Beginnings of Maryland. [372 

miral " guarding the narrow seas," to " stop the Ark, of 
London, Richard Low, master. Captain Winter being on 
board with a company of men for Lord Baltimore's new 
plantation in or about New England.'""^ The Ark was a 
vessel of 350 tons and a crew of about 40 men and had 
already carried the first Lord Baltimore's colonists " to 
Avalon. With it was sent a pinnace, the Dove, of about 
40 tons. It is probable that both vessels were Calvert's 
property, and a deed "" is extant, dated October 15, trans- 
ferring one-eighth of the Dove from Cecilius to his 
brother Leonard. Cecilius is usually said to have ex- 
pended £40,000 in equipping the expedition, but the colo- 
nists also provided for some of the expenses, and an 
agreement between Leonard Calvert and Sir Richard 
Lechford, dated October 7, 1633, shows that the two men 
had adventured the sum of £401.13.8 upon a voyage to be 
made into the province of Maryland. Of this amount, 
part or all of which was expended in providing " trucking 
stuff to be exchanged with the Indians for furs," Lechford 
furnished one-fourth and was to receive the same propor- 
tions of the profits, with a full account of the expenditures 
of the whole." 

The " London Searcher" caught the Ark and Dove and 
brought them back to Tillbury Hope, near Gravesend; 
there on October 29 gave the oath of allegiance to every 
one on board, in number about 128. No one refused it, 
and the master said that the only other persons who had 
planned to make the voyage were some few who had " for- 
saken the ship " and given up the plan, because of the 

'"aNeill, Founders of Md. 60. 

" Neill, Founders of Md. 59. Browne, Md. 21. 

" 35 Fund Pubs. 15. 

"35 Fund Pubs. 13. Calvert executed a bond on Oct. 19, 1633, 
to pay Lechford £50, if he did not sail from England by Christmas 
Day. Hindrance by command of court was no exemption from the 
penalty, which shows that Lechford feared some such interference. 
35 Fund Pubs. 17. The oath of allegiance may be found in Neill's 
Founders of Md. 86; vide also p. 61-63. 



373] '2 he First Settlements. 21 

delays. This report made it easy for Calvert to convince 
the Council that the Attorney-General was " abused and 
misinformed," and the ships were restored to " their for- 
mer liberty." 

Baltimore's Instructions to his Colonists 

To this expedition, " well provided with all things," Cal- 
vert gave instructions, dated November 15, which show 
his wise and tolerant mind. A shrewd, far-seeing man, 
who, while devout in his religious Hfe, was neither bigoted 
in faith nor subservient to his ecclesiastical teachers, Cecil- 
ius Calvert was well suited to be the Roman Catholic 
Lord Proprietary of a Palatinate, under a king whose 
realm recognized another church as its established faith. 
It was clearly impossible for him to establish his own 
church as the official religion of the province, and he 
wished to establish none other. While he was tolerant in dis- 
position, his self-interest also pointed him to what was the 
only safe direction for his province's development. If he 
wished to retain his charter, to gain the financial profit 
which he hoped from Maryland, to make it an asylum for 
his co-religionists from the harshness of English laws, and 
to draw thither the greatest number of emigrants, it was 
clearly desirable that there should be no union of the civil 
and the ecclesiastical authority in Maryland and that re- 
ligious hberty should prevail there from the foundation. 

This cautious prudence led Baltimore to instruct the 
Governor and Commissioners,'* first of all, that they " pre- 
serve unity and peace amongst all the passengers on 
Shipboard and that they suffer no scandal nor offence to 
be given to any of the Protestants, whereby any just com- 
plaint may hereafter be made by them in Virginia or in 
England." The Protestants must be treated " with as 

" 28 Fund Pubs. 132. The original draft of this in Cecil Calvert's 
own handwriting, with his own corrections and interlineations is 
in the possession of the Md. Hist. Soc. J: Saunders, Cornwallis's 
partner, owned }4. of the Dove. 4 Md. Arch. Prov. Ct. 14. 



22 Beginnings of Maryland. [374 

much mildness and favor as justice will permit," all acts 
of Roman Catholic religion must be " done as privately as 
may be," and the Roman Catholics are cautioned to be 
silent upon all occasions of discourse concerning matters 
of reHgion. " These rules are to be observed on land as 
well as at sea." 

It was feared that the Proprietary's enemies had " se- 
duced and corrupted the mariners " and perhaps others 
of the company, so diHgent inquiry should be made to 
see if information could be found " concerning the private 
plots of his Lordships adversaries in England." Any facts 
so ascertained, either on the voyage or after the arrival 
in Virginia, should be sent in writing to Baltimore, by " a 
trusty messenger in the next ships that return for Eng- 
land." 

On arriving at Virginia, the colonists are to " avoid 
any occasion of difiference with the settlers there," and 
to have " as little to do with them as they can this first 
year." Indeed, they must " connive and suffer little 
injuries from them, rather than to engage themselves in a 
public quarrel with them, which may disturbe the business 
much in England, in the infancy of it." So much was the 
hostility of the Virginians dreaded by Lord Baltimore, 
that he directed the colonists, on no account, to go to 
Jamestown, or to come within the command of the fort 
at Point Comfort, unless they should be " forced unto it 
by some extremity of weather (which God forbid), for 
the preservation of their lives and goods and that they 
find it otherwise impossible to preserve themselves." 
Rather they should anchor near Accomac, where there 
was no fort, and there try to find guides to the " Chesa- 
peacke " Bay and the " Pattawomeck River," so as to 
discover a fit place in the new province to " set down on." 
In searching for this place, they must consider first, that 
it is " probable to be healthful and fruitful," next, that it 
may be easily fortified, and thirdly, that it may be con- 
venient for trade, both with the English and savages. 



375] I he First Settlements. 23 

While searching for this site, they were directed to send 
a trustworthy messenger, who should be a member of the 
Church of England, to carry the royal instructions to the 
Governor and Council of Virginia, as well as Baltimore's 
personal letter to Sir John Harvey. Tlie messenger 
should also notify Harvey of the arrival of the expedition, 
tell him from Baltimore that he regrets the necessity of 
postponing his arrival in Maryland for a year, desires to 
hold a " good correspondency " both with Harvey and 
Virginia, and assures Harvey of his particular affection 
for him, arising from the reports of his worth, his friend- 
ship with George, Lord Baltimore, and the kind letters 
Harvey has sent the Proprietary, since he heard of Bal- 
timore's intention to become his neighbor. A butt of sack 
is to accompany these good wishes. 

With respect to Claiborne, Baltimore's policy was 
shrewd and peaceable. As soon as convenient, a Church 
of England man is to take him a letter, notifying him of 
the arrival of the colonists, and of the authority over the 
province committed to Leonard Calvert, Hawley, and 
Cornwallis, and inviting him, kindly, to come to them and 
speak with them on business of importance. If he come, 
writes Cecil, " use him courteously and well," and tell 
him that Baltimore is " willing to give him all the en- 
couragement he can to proceed " in the Plantation he " hath 
settled within the precincts of his Lordship's Patent." 
Cloberry & Co.'° have already approached the Proprie- 
tary and asked for a grant of Kent Island, but Baltimore 
has heard that there are " some dififerences " between 
Claiborne and them and refused to act until he could un- 
derstand from Claiborne himself how matters stand be- 
tween them and what he would desire of his Lordship in 
that plantation, which was " first begun and so far ad- 
vanced " by Claiborne's care and industry, and partially 



'The company included four or more men. 28 Fund Pubs. T35. 



24 Beginnings of Maryland. [376 

at his charges. Claiborne must be assured that Balti- 
more wishes to do justice to every one and is confident 
that Claiborne will conform himself to the Maryland 
charter, the duplicate of which and Leonard Calvert's 
commission should be shown him, if he desire this. While 
Cecil Calvert is thus conciliatory, he is not weak, and 
grimly adds, if Claiborne refuse to come, " let him alone 
for the first year," until the Proprietary can give further 
instructions; meanwhile they should inform themselves, 
as well as they can, of his plantation and what his de- 
signs are, strength he has and what correspondency he 
keeps with Virginia. They shall also learn the " present 
state of Virginia," informing Baltimore what trades they 
drive there, who are chief and richest men, whether their 
clamors against the Maryland charter increase or dimin- 
ish, and whether these clamors proceed from any other 
reason than " spleen and malice." We shall discuss later 
other instructions as to the planters' conduct in the prov- 
ince. 

The Voyage of the Ark and the Dove 

After leaving Gravesend,'° where they seem to have 
been detained for several weeks, the Ark and the Dove 
stopped at the Isle of Wight and took on board two 
Jesuit priests, Fathers Andrew White and John Altham 
(alias Gravener), and possibly others, whose scruples had 
prevented them from taking the oath of allegiance, or 
who had added themselves to the party in the last days 
of the delay in England. At last they were free, and set 
sail from Cowes about ten in the morning of Friday," 
November 22, " with a gentle Northern gale." The vessels 
headed westward towards the Needles, but the wind died 
down so that they had to anchor at Yarmouth. They were 



"35 Fund Pub. 26. 

" Evidently there was no superstitious fear of the ill luck sup- 
posed by some to follow enterprise's begun on Friday. 



377] 'J he First Settlements. 35 

not yet safe away and it was " secretly reported " by some 
of the seamen that letters were expected from the Privy 
Council to stop the expedition." A strong wind, how- 
ever, sprang up during the night, and driving a French 
bark from her anchorage, foul upon the pinnace, forced 
her to set sail and take to sea with the loss of an anchor. 
The ship, which had almost run aground by dragging its 
anchor in the strong wind and tide, followed, lest the 
vessels should part company, and on Saturday morning 
they passed the " dangerous Needles," it being the day of 
St. Clement, who suffered martyrdom by being cast into 
the sea, fastened to an anchor. By Sunday morning, the 
wind had served the company so well that they had passed 
the western cape of England. The Ark sailed slowly, lest 
the pinnace be left behind and fall a prey to Turks or 
other pirates, so that she could not race more than an hour 
with the Dragon, " a fair ship of London," of 600 tons, 
which overtook them during the day and gave them 
" great recreation " in the contest for speed. Monday 
night, November 25, a storm arose with a northwest 
wind and the pinnace, " mustering her strength, came up 
to Us," writes Father White, who was in the Ark, " to 
tell us that if she were in distress, she would show two 
lights in her shrood." As the storm increased, the 
Dragon put back to Falmouth, and, about midnight, the 
pinnace showed the two lights and then disappeared. For 
six weeks the party in the Ark thought she had " assur- 
edly been lost and foundered in those huge seas." The 
Dove had not been lost, however, but had put back to the 
Scilly Isles and later came in company with the Dragon 
and, under that " convenient guard," met the Ark at Bar- 
badoes. As the day of the storm was consecrated to St. 



"^ A petition had just been sent to the Council by "Sir John 
Wolstenholme and other planters with Capt. Wm. Claiborne in 
Va.," acknowledging that Kent Island was within the limits of 
Baltimore's patent, and asking that the island be not taken from 
them, but that they enjoy it with freedom of trade. 



26 Beginnings of Maryland. [378 

Katherine of Alexandria, the deliverance was doubtless 
attributed to her influence, and in her honor an island in 
the Potomac River was later named. Captain Lowe, of 
the Ark, a " sufficient seaman," having a ship " as strong 
as could be made of oak and iron," and one that made 
" fair weather in great storms," " desired to try the good- 
ness of the ship, on which he was making his first trip, 
and resolved to keep the sea, sailing close up to the wind 
with great risk of falling upon the Irish shore, so in- 
famous for rocks of greatest danger. After that " fright- 
ful " night, the wind changed to the southwest, so that 
with many tacks the Ark scarce crept on her way until 
Friday night, November 29. Then there " poured forth 
such a sea of winds, as if they would have blown our ship 
under water at every blast." On Saturday, the clouds 
were so fearful and that, " ere it began to blow, it seemed 
all the sprites and witches of Maryland were now set in 
battle array against us," and the sunfish was seen to swim 
against the sun's course, a sure presage of storm. That 
night a " furious wind," following a heavy shower, tore 
the mainsail in half, before it could be furled, and the 
sailors themselves said they had seen ships cast away in 
less violence of weather. The devout men fell to prayers, 
confession and vows to the Virgin Mary, St. Ignatius, the 
patron saint of Maryland, St. Michael, and all the guard- 
ian angels. The captain bound up the helm, and " without 
sail or government " the ship floated like a dish, till God 
were pleased to take pity upon her. All night long they 
were in fear of imminent death, " and never looked to see 
day in the world," but the storm passed and good Father 
White felt assured, by this deliverance, of God's mercy 
towards them and " of those infidels' conversion in Mary- 
land." 

In these days of ocean steamships, it is difficult for us 
to imagine the discomforts of those long early sailing 

^^ Father White means that she rode smoothly. 



379] The First Settlements. 27 

voyages. The Ark was at sea only seven weeks and two 
days, which was "held a speedy passage," but the whole 
voyage took a little over three months, owing to the 
stops in the West Indies. Direct sailing across the ocean 
was almost unknown then and the West Indies were the 
half-way house from Europe to America. During the 
three months' after the storm, the Ark " had not one hour 
of bad weather, but so propitious a navigation as our ma- 
rines never saw so sweet a passage." In general, the com- 
pany was well during the voyage, and until Christmas only 
suffered from seasickness. The celebration of that day in- 
cluded giving wine to all on shipboard, which " was so im- 
moderately taken as the next day 30 sickened of fevers, 
whereof about a dozen died afterward." *" Sailing south- 
ward with " winds nor good nor very bad," watching for 
Turkish pirates but seeing none, though they once mistook 
three merchantmen sailing to the Canaries for such, 
Leonard Calvert began to be solicitous for freight 
homeward, fearing lest they should come to Virginia too 
late for a cargo and that the "Virginians would stand 
but our heavy friends." So he thought of saiUng to Bona 
Vista, one of the Cape Verde Islands of Africa. Before 
they had gone far, however, Hawley and Cornwalhs, see- 
ing that the profit of this excursion " redounded to Lord 
Baltimore," and that their " land provision " would likely 
be " spent in the circuit," induced Calvert to ask the 
purser how much bread was aboard. Finding supplies 
were running short, the Ark's course was directed to the 
Barbadoes, "the granary of all the Charybbees Isles." 
Tliey were afraid to await their arrival in Maryland to 
obtain such supplies, since they expected little from the 
Virginians but blows, and that Governor Harvey " would 
do us little good, being overawed by his council," while 



*" Amongst those who died was Mr. Nicholas Fairfax, a " Catholic 
venturer," and a " very faithful servant of my Lord," Mr. James 
Barefoot. 



28 Beginnings of Maryland. [380 

the savages would probably be found " as our English ill- 
wishers would make them." At Barbadoes, where Mr. 
Hawley's brother was governor and his brother-in-law, 
Mr. Acers, was deputy, the Ark arrived on January 3. Un- 
happily, the governor and council formed a combination 
against the voyagers and raised the price of everything, 
so that " it cost us our eyes," as Father White said. At 
Barbadoes, they were told they escaped the Spanish fleet 
by not going to Bona Vista, and that a conspiracy on the 
part of the slaves to revolt, seize the first vessel that came 
and then put to sea in her, had just been discovered. Thus 
the Ark had escaped two dangers. At Barbadoes, the Ark 
remained until January 24, during which time the Dove 
came into the harbor. By this delay, the Ark avoided the 
Spanish fleet, which made an attack on St. Christopher's, 
and Father White felt that God, to whom the spiritual 
good of Maryland was dear, had preserved them from 
danger. 

The narrative of the voyage is filled with accounts of 
the strange fish, birds and fruits which the voyagers saw, 
and of the legends of the islands at which they tarried. 
Sailing from one island to another, on January 29, they 
arrived at St. Christopher's and stayed ten days there, 
taking in water and supplies, and finally they arrived in 
Virginia on February 24. Disobeying their instructions, 
they anchored at Point Comfort, " under command of the 
Castle." *°* There they remained eight or nine days, to 
land some passengers and deliver the letters to Sir John 
Harvey, " not without imminent danger," as Father 
White thought. Governor Harvey showed the expedition 
the best usage the place afforded, and promised to furnish 
them " with all manner of provisions, cattle, hogs, corn, 
poultry, and fruit trees, as well as bricks and tiles for the 
Lord Proprietary's seat, though much against his coun- 
cil's will." White thought that Harvey did this in the 



""a 35 Fund Pubs. 20 and 38. Relation of 1634, 6, 7. 



381] The First Settlements. 29 

hope that, m return, he would obtain Baltimore's assist- 
ance in procuring a great sum of money due him from 
the royal exchequer. While there, Claiborne met them 
and told them " that the Indians were all in arms to resist 
us, having heard that 6 Spanish ships were a coming to de- 
stroy them all." White dryly remarks: " The rumor was 
most like to have been from himself." 

The Landing in Maryland 

On the 3rd of March the Ark and the Dove entered the 
Province of Maryland at the mouth of the Potomac River." 
The colonists were now in " the country we so looked for," 
and thought the Chesapeake Bay " the most deUghtful 
water " they ever saw, " between two sweet lands." Calvert 
chose the southernmost river to " set: down in," and 
changed its Indian name, Potomac, to St. Gregory's. 
Father White thought it " the sweetest and greatest river I 
have seen, so that the Thames is but a little finger to it, 
there are no marshes or swamps about it, but solid firm 
ground with great variety of wood, not dioked up with 
undershrubs but commonly so far distant from each other 
as a coach and four horses may travel without molesta- 
tion." The tiresome voyage was over and these joyful 
reports were sent within a month after the settlement from 
one who felt that they were now in " our own country." 
The hostile rumors spread by the Virginians caused the 
Indian king of Piscataway to draw together many bow- 
men " and to light signal fires by night to rouse the 
tribes against these strangers, who came in a " canoe " 
as big as an island, so different from the pinnaces which 
usually traded in the river. Slowly the vessels sailed 
up the Potomac to the Heron Islands. The island on 

" They called the southern point Cape St. Gregory, now Smith 
Point, and the northern point Cape St. Michael's, now Point Look- 
out. 

"Father White guesses 500; Relation of 1634 says 1500. 



30 Beginnings of Maryland. [382 

which the colonists first landed has been thought by many 
to have been that now known as Heron Island, al- 
most submerged, but the language of the narratives, 
when carefully studied, seems to show that the set- 
tlers knew a group of several islands as Heron Islands, 
the name being later restricted to one of them. The other 
three were St. Clement's, now called Blackiston's Island ; 
St. Katherine's, which yet bears that name ; and St. 
Cecilia's, now called St. Margaret's."" All three of these 
were evidently named from the fact that these saints were 
patrons of the first days of the voyage. The identification 
of St. Clement's Island seems fully proven, and is im- 
portant, as there the first landing of the colonists took place. 
As the island was surrounded with shallow water, the only 
way of reaching the shore was by wading, and a shallop, 
which had been sent to the island that the voyagers' clothing 
might be washed, was unfortunately overturned as it re- 
turned, by which mishap " the maids which had been wash- 
ing " were almost drowned and much of the linen was lost, 
" no small matter in these parts." The record of this mis- 
fortune, however, assu$es us that cleanliness has been held 
next to godliness in Maryland from the earliest times. 

The island was estimated by Father White to contain 
400 acres, though it probably was much smaller, as it was 
returned by the surveyor in 1639 ^s containing only 80" 
acres. In any case it was too small for the seat of Cal- 
vert's colony, and it was intended rather to erect on the 
island one of two forts to command the river, which was 
there narrowest. The other fort should be on the main- 
land over against it, and thus the Potomac should be 
kept from foreign trade for the sole benefit of Baltimore 
and his subjects. The island on which this first landing 
took place is described as covered with " poki-berries," 
which are " wild walnuts, hard of shell but with a sweet 



*■ Thomas's Chronicles of Colonial Md. 13. 
" Thomas's Chronicles of Colonial Md. 15. 



383] The First Settlements. 31 

kernel," acorns, black walnuts, cedar trees, sassafras, 
vines, salad-herbs, and the like. 

The settlers took a large tree on this island, and mak- 
ing it into a cross,*^ the Governor and commissioners, with 
the rest of the chiefest adventurers, carried it to a place 
prepared for it. There they erected the cross, celebrated 
the mass, and took " solemn possession of the Country 
for our Saviour and for our Sovereign Lord the King of 
England," This was done on Tuesday, March 25, 1634, 
" Our blessed Lady's day in Lent." With this religious 
ceremony begin the acts of the settlers. McMahon calls 
this day the " birthday of a free people,*" worthy of com- 
memoration to the latest day of their existence." This 
day " is identified with the origin of a free and happy 
State. It exhibits to us the foundations of government, 
laid broad and deep in the principles of civil and religious 
liberty. At a period when religious bigotry and intoler- 
ance seemed to be the badges of every Christian sect, and 
those who had dwelt under their oppressions, instead of 
learning tolerance from their experience, had but imbibed 
the spirit of their oppressors ; and when the bowlings of 
religious persecutions were heard everywhere around them, 
the Catholic and Prr)testant of Maryland were seen ming- 
ling in harmony, in the discharge of all their public and 
private duties, under a free government, which assured the 
rights of conscience to all." 

Calvert's Potomac Voyage 

At St. Clement's Island the Ark was left,*' while Leon- 
ard Calvert, taking the Dove and another pinnace hired 
in Virginia, went four leagues up the river, both to ex- 
plore the country, to speak with the emperor of Piscata- 
way, and " declare to him the cause of the expedition." 

" Relation of 1634, 8; 35 Fund Pub. 39. 

*" History of Md., p. 198, McMahon and many others seem erro- 
neously to place this occurrence at St. Mary's. 
"Relation of 1634, p. 9; of 1635, p. 6. 



33 Beginnings of Maryland. [384 

It was clearly necessary to cultivate good relations with 
the Indians, and when Calvert found the Indians fled 
from his first landing place, he went nine miles further up 
the river to " Patowmeck Town," probably at or near 
Aquia Creek. There he found the ruler, or werowance, 
was a child, and his uncle, Archihau or Archihoe, was 
regent/* The latter, " a grave and considerate man," gave 
them good welcome and listened with attention and seem- 
ing pleasure to the little discourse " touching the errors of 
his religion," which Father Altham gave, though the priest 
could proceed but little, as a Protestant, Capt. Henry Fleet, 
was the interpreter/' When Archihau, who was " of a 
very loving and kind nature," as Father White in his first 
enthusiasm judged that the Indians generally were, heard 
that the followers of Calvert came not to make war, but out 
of good-will to the Indians, and that they would soon come 
again to teach him further of the Christian religion, he 



^ Relation of 1635, P- 6. 

*" 7 Fund Pubs. 34, but Relation of 1635, P- 6, says they met him 
at Piscataway. Fleet had been captured by the Indians near the 
site of the city of Washington as early as 1621 and, on his return, 
seems to have spread abroad marvellous tales. By these represen- 
tations, in Sept., 1627, he induced Wm. Cloberry to place the Para- 
mour, a vessel of 100 tons, in his charge. On July 4, 1631, he 
sailed as factor of the ship, Warwick, from London for America; 
he visited New England and the Chesapeake and traded with the 
Indians there. He then returned to New England and traded, but 
came to Accomac on May 13, 1632. There he met Claiborne and, 
after a visit of 3 days, went with him across the Chesapeake and 
came to the town of Yaocomico, where he had lived with the Indians 
several years and which place he had visited the year previous. 
After trading along the Potomac for 3 months, he was arrested by 
Capt. John Utie for illicit trading. Fleet was brought before the 
Governor of Virginia. Some arrangement was made by him with 
Gov. Harvey, by virtue of which he retained the vessel for three 
years, though the owners maintained they had only given him com- 
mission for a year. After the Md. colonists came, on May 9, 1634, 
he was assigned 2000 acres on St. George's River, later known as 
the Manor of West St. Mary. Fleet later removed to Virginia, 
sat in the assembly there in 1652 and received a patent to trade in 
partnership with Claiborne in that year. He is last mentioned as 
an interpreter in 1654 (Neill, Founders 2flf. ; Fleet's Journal of 
that voyage of 1631-2 is in Neill, Founders igfT. ; see 9 Fund Pubs. 
65; Brown, Genesis of U. S. 892). 



385] The First Settlements. 33 

answered, " That is just what I wish. We will eat at the 
same table ; my followers, too, shall go hunt for you and 
we will have all things in common." Leaving Potomac 
Town, Calvert and his pinnaces went twenty leagues 
further to Piscataway, the seat of the emperor. There 
he found the inhabitants assembled in arms to the number 
of several hundred. When signals of peace were made 
and Fleet had gone ashore " to invite the werowance to a 
parley," the Indian ruler, more fearless than the rest, " came 
aboard the pinnace with several attendants and was court- 
eously entertained there." Calvert told him that they came 
to teach the Indians a " divine doctrine," whereby to " lead 
them to heaven," and also to bring to them the blessings of 
civilization, and asked him whether he " would be content " 
that Calvert and the colonists should " set down in his 
country," in case a convenient place should be found." 
The werowance diplomatically replied " that he would not 
bid him go, neither would he bid him stay, but that he 
might use his own discretion." While the conversation 
continued, the Indians on the shore feared that harm was 
being done to their ruler. Perceiving this, the werowance 
commanded two of his retinue to go on shore and disabuse 
the tribesmen of their fear. They replied that they feared 
they should be killed, returning without their chief, where- 
upon he showed himself on deck and satisfied his people, 
telling them he was in safety. It was a picturesque scene, 
the two pinnaces of the Marylanders and three barks be- 
longing to Captain Fleet lay in the Potomac, and on the 
north bank clustered the crowd of suspicious savages. The 
emperor was satisfied," and Calvert returned to St. Cle- 
ment's Isle, " viewing many parts of the shore on each 
side of the river, bv the way, but not finding any where a 
field cleared and left by the Indians," which could be used 
for the settlement. During the expedition, the party left on 



°" Relation of 1635, p. 7. 
°' 35 Fund Pubs. 21.. 
26 



34 Beginnings of Maryland. [386 

board the Ark, among whom was Father White," was busy- 
in putting together the barge which had been brought in 
pieces from England, felling trees and cleaning pales for a 
palisade. The Indians gradually laid aside fear, came to 
the guard, which was kept night and day, and finally came 
on board the ship, expressing great wonder at its size and 
at the thunder of the ordnance. 

The Founding of St. Mary's 

When Calvert had returned to St. Clement's, he re- 
solved to take Fleet's advice and drop some nine leagues 
further down the Potomac to look for a site. Fleet was 
a most useful assistant, with his extensive knowledge of 
the country and the great esteem the aborigines had for 
him, because of his residence and trading many years 
among them. To win him from his opposition " to the 
new government, Calvert offered him a proportion of the 
beaver trade, if he would serve the Proprietary. Accept- 
ing this offer, he led Calvert in a barge to " a most con- 
venient harbor and pleasant country lying on each side 
of it, with many large fields of excellent land, cleared 
from all wood." " This place was on a river, which they 
called St. George's, but which we now call St. Mary's, 
four or five leagues from the mouth of the Potomac." It 
was known as the Town of Yaocomico, which was also 
the name of an Indian tribe dwelling there. It was a very 
commodious situation for a town, for the land was good, 
the air wholesome and pleasant. " Ships of any burthen " 
could He in the harbor, which had a " bold shore." There 
was abundance of timber and fresh water and the place 
could easily be fortified. 



"' Relation of 1634, p. 11. 

" He had been a fire-brand to inflame the Indians against us, 
writes Father White, 35 Fund Pubs. 40. 

^'^35 Fund Pubs. 21. 

" St. George's River is now only applied to what Calvert called 
St. George's Creek. Thomas's Chronicles, 16. 



387] The First Settlements. 35 

Calvert went on shore there and, meeting the wero- 
wance, told him the reason of his coming. The wero- 
wance, with the characteristic taciturnity of the Indian, 
" made little answer," but entertained the party over 
night in his own wigwam, giving Calvert his own mat 
on the board floor for a bed. The next day, the wero- 
wance showed Calvert and his party the country, with its 
fresh-water streams and springs.'" Calvert was so pleased 
that, determining to make the first colony there, he or- 
dered the ship and pinnaces to come thither. To make 
this entry peaceable and safe, he presented the werowance 
or chief and the zvisoes or elders of the town with axes, 
hoes, knives and some English cloth, such as is used in 
Indian trade. Accepting these kindly, they freely gave 
consent that Calvert and his company might live in one 
part of the town, surrendering their houses and some 
corn they had begun to plant there. They also promised 
to leave the whole town at the end of harvest, while the 
parties to the treaty made mutual promises to each other 
to live friendly and peaceably together and, if any injury 
should happen to be done on any part, that satisfaction 
should be made for the same. Thus honorably began 
Maryland's relations with the Indians, and, in general, 
the record of the province is as honorable as its begin- 
ning. 

Thirty miles of ground were bought at this time, and 
the high-sounding name of Augusta Carolina " was given 
it, but the term was but little used, and was soon superseded 
by that of St. Mary's county, derived from the name of 
the first settlement. To the bay on which the town was 
situated and to the town itself, the name of St. Mary's was 
given in honor of the mother of Jesus Christ. 

Three days after the 1:onclusion of the treaty, the Ark 
and the pinnaces anchored in St. Mary's Bay, and on the 



" It is noted that the main rivers are salt. Relation of 1635, p. 9. 
" Cf. Prov. Ct., 4 Md. Arch. p. 17. 



36 Beginnings of Maryland. [388 

next day the settlers began to prepare for their houses." 
Historians, following the relation of 1635, have com- 
monly assigned the date of March 27, 1634, as that of the 
founding of St. Mary's. A careful examination of Father 
White's narrative and of the Relation of 1634, the earlier 
accounts, show that on May 27 the planters had been at 
St. Mary's only a month, and so must have come in April. 
They built first of all a " Court of Guard " and a store- 
house, sleeping on shipboard until these should be com- 
pleted. The Indian chief dwelt on the left-hand or north- 
ern side of St. Mary's Bay, which is now called Church 
Point, while the colonists landed and laid out the town a 
little back from the water on the right-hand or southern 
side,'*' now known as Chancellor's Point. There, within a 
palisade of 120 yards square with four flanks, they 
mounted one piece of ordnance and " placed six murder- 
ers in posts most convenient," a fortification, writes Cal- 
vert to his partner Lechford, " sufficient to defend against 
any such weak enemies as we have reason to expect here." "' 
While this was building °' Sir John Harvey came to visit 
Calvert, and during his visit the werowance of Patuxent 
also came, and a meeting of the three dignitaries was held 
in the great cabin on board the Ark, Fleet and one Master 
Golding acting as interpreters."^ At this time. Fleet told 
the Indian that none other should trade with the Indians 
henceforth but the settlers of Yaocomico, and that the 
Governor of Maryland was not a king, but a great and rich 
man and a brother of the " great man of all " who should 
come later. It seems also that Fleet told the others chat 
the Indian had gotten the idea from Claiborne that the 
Marylanders were " Waspaines " or Spaniards. Certainly 
the story, by some means, had gotten afloat among the In- 
dians. During the interview, while the werowance sat 

""Relation of 1635, p. 11. '''Thomas's Chronicles, 18. 

""35 Fund Pubs. 21. "Relations of 1634, p. 13. 

*'' Relation of 1635, P- n; Coun., 5 Arch. 166. This Indian was 
not the head chief or " great king." Coun., Arch. 165. 



389] The First Settlements. 37 

between the two governors, one of his attendants came 
into the cabin, and fearing his chief was surprised, 
started and v/as " ready to have leaped overboard," remem- 
bering that the werowance had formerly been taken pris- 
oner in Virginia. 

While Harvey and the werowance were visiting Cal- 
vert, the store-house was completed and the ship un- 
loaded. Remembering Baltimore's instructions, a formal 
ceremony took place, the colors being brought on shore," 
attended by all the settlers in arms, both gentlemen and 
servants. The colors were received with a volley of shot, 
which was answered by the ordnance from the ships. 
Doubtless, then were read the charter and the Governor's 
commission, and a short declaration was made to the 
people of the Proprietary's intentions to endeavor the 
conversion of the savages to Christianity, to increase the 
King's empire and dominion in those parts, and do all he 
can for the good of " such of his countrymen as adven- 
ture their fortunes and themselves " in Maryland. Balti- 
more also wished the people to know that nothing but 
" unexpected accidents " had kept him from coming with 
the Ark and Dove, and that he trusted to come in another 
year. The werowance of Patuxent at that time warned 
the Indians of Yaocomico that they should carefully keep 
the league that they had made, saying: "When we shoot, 
our bowstrings give a twang that's heard but a little way 
off; but do you not hear what cracks their bowstrings 
(i. e., muskets and cannon) give? " When he left the place, 
several days later, he used many " Indian compliments," 
and said to Calvert : " I love the English so well that, if 
they should go about to kill me, if I had so much breath 
as to speak, I could command my people not to avenge 
my death, for I know they would not do such a thing 

"^28 Fund Pubs. 136. Baltimore also directed all to take the oath 
of allegiance at this time. His lordship's secretary, John Bolles, 
should read the charter. I find no evidence that Bolles came to 
the province. 



38 Beginnings of Maryland. [390 

unless it were tlirough mine own default." '* The Yao- 
comicoes seem to have needed no advice to keep troth 
with the English. They felt the pressure of the fierce 
Susquehannocks or Susquesa-hanoughs from the north, 
who came often into their country " to waste and de- 
stroy," and had forced many of them to cross the Poto- 
mac to escape the raids. Seeing the English came so well 
provided with arms, the Yaocomicoes assured themselves 
of greater safety by living with the Maryland settlers. 
A few weeks before, the Indians were in arms against the 
English, with beacon-fires along all the banks, and now 
Father White writes that " they, Hke lambs, yield them- 
selves, glad of our company, giving us houses and livings, 
for a trifle." Surely it was the hand of God. A few fami- 
lies of the Indians stayed during the whole of the first 
year and were of great use to the settlers. The men went 
daily with some of the Englishmen to hunt the deer, part- 
ridges, squirrels and turkeys, sometimes giving their booty 
to the settlers and again, especially if they were " of the 
meaner sort," selling it for knives and beads.°° They also 
brought them great store of fish and oysters, and were 
said to have bartered them so much maize for truck that 
looo bushels were sent to New England to be exchanged 
for salt fish and other commodities. The Indian women 
and children came very frequently to the town, which fact 
was a certain proof of their confidence, and these squaws 
kindly showed the settlers how to prepare bread from the 
Indian corn bought at Barbadoes, which they used that 
they might " save their English provisions of meal and 
oatmeal." 

In addition to building the palisaded fort and the 
houses,"* the settlers at once began to plant corn and to 
set out gardens, sowing them with English seeds of all 

"Relation of 1635, p. 12. 

""The Indians provided game, before the white men dared to go 
into the woods or had leisure to do so. 35 Fund Pubs. 43. 
'"Relation of 1635, p. 14; 28 Fund Pubs. 139. 



391] The First Settlements. 39 

sorts. According to the Proprietor's instructions, they 
should build a convenient house for the seat of Lord Bal- 
timore, or his governor in his absence, and send him a 
plat of it. They should also build a " church or chapel " 
adjacent to it. The pious Jesuits did not wait till this 
should be built, but took possession of one of the Indian 
cabins as the first chapel in Maryland, " having dressed it 
a little better." It was built in an oval form, 20 feet long 
and nine or ten feet high, with an opening in the roof 
half a yard square to let in the Hght and " let forth the 
smoke." 

The instructions to Governor Calvert directed the 
planters to build their houses " near adjoining " one 
another, on regular streets, with gardens back of them. 
As soon as possible, the land necessary to be assigned to 
the adventurers should be surveyed " and allotted, accord- 
ing to the conditions of plantation. These allotments 
Baltimore promised to confirm by patent, and he merely 
asked for himself that his land be selected first, without 
making any " difference of proportion " between him and 
the other adventurers. These conditions of plantation 
provided that any Englishman who transported himself, 
properly equipped,*' which equipment was duly itemized 
and with transportation charges was estimated at £20, 
should receive for himself in freehold estate 100 acres, 
with the same amount for his wife, 50 acres for each 
child above 16 years of age, and 50 acres for each woman 
servant under the age of 40 years, paying a quit-rent of 
12 pence in the commodities of the country for every 50 
acres."' For each male servant between the ages of 16 
and 50 years so transported, 100 acres should be given 
on like conditions, while for every five men transported, 
the adventurer received not 500, but 1000 acres, to be 

" Robert Simpson was the surveyor. 28 Fund Pubs. 138. 
" The itemized list of requisites is very interesting. Relation, 
1635, p. 46. 
"A woman might transport herself or children on like conditions. 



40 Beginnings of Maryland. [392 

erected into a manor with all the privileges of the English 
ones. Baltimore did not intend his plantation to be purely 
an agricultural one, but directed his brother Leonard to 
search for a convenient place for the making of salt, and 
to find whether there is proper earth for making saltpetre 
as well as probability of iron or other mines,'"' 

Beginnings of the Provincial Trade 

While these matters were being attended to on shore, 
the Dove was following the " trade of beaver through all 
parts of the precincts of this province." " By reason of 
their late arrival, the adventurers lost the first part of the 
trade, for the Virginians had traded for 3000 skins, while 
the Marylanders took in only 298, weighing 451 pounds, 
together with 53 muskrat and 17 other skins. A small 
boat which was sent to " gather what scattering skins 
were to be had among the Indians," came back with a 
few in May, on the 30th of which month, Leonard Calvert 
wrote to his partner Lechford, from Old Point Comfort, 
telling him of the colony's experience hitherto. Though 
the return from their venture was small, Calvert is much 
encouraged for the future, for he thinks he can obtain 
a large part of the trade of the Massawomecks, who dwell 
ten days' journey to the north and formerly traded with 
Kirk, but now promise to come to St. Mary's, which is 
nearer them by half. Therefore, Calvert urges that there 
be sent double the amount of truck previously ventured. 
The quantity they " brought over last is nothing," Calvert 
wrote, compared to the possibility of the trade, and " there 
is nothing does more endanger the loss of commerce 
with the Indians than want of truck to barter with them." 



'"28 Fund Pubs. 140. 

"35 Fund Pubs. 21. The Proprietor seems to have had a moiety 
of the trade and Fleet was given % interest in it. He borrowed 
100 weight of beaver from Justinian Snow, factor for the adven- 
turers, and there was some difHcuky as to the repayment. 4 Md. 
Arch. Prov. Ct. 5, 7. 



393J The first Settlements. 41 

With the letters of Leonard Calvert came the copies of 
Father White's Narrative, which was dated May 2^, and on 
the arrival of the ship, about the middle of July," Baltimore 
hastened to publish the 1634 " Relation of Maryland." He 
must have been delighted to spread the news that the maize 
which his adventurers had planted was already " knee '* 
high " when the letters were written ; that they thought, 
with proper wine presses and skill, they could make a ton 
of wine from the wild grapes on vines about the planta- 
tion; that they sent what they thought was iron stone, 
and that they had already procured 100 hogs and 30 cows 
from Accomack. The soil was so excellent " that one 
could not set down his foot without treading on straw- 
berries, raspberries, fallen mulberry vines, acorns, wal- 
nuts, sassafras, " even in the wildest woods." The ground 
is commonly a " black mould above and a foot within 
ground of a reddish color." The country abounds with 
" delicate springs " and " birds diversely feathered there 
are infinite, as eagles, swans, hemes, geese, bittern, ducks, 
partridge, red, blue, party colored and the like, by which 
will appear the place abounds not alone with profit but 
also with pleasure." The site of St. Mary's is as noble 
" as could be wished and as good ground as I suppose is 
in all Europe." 

The Lord Proprietary did not confine himself to the 
distribution of these pamphlets, but prepared to re-en- 
force his colony. Any one" who sent to the house of his 
brother-in-law, Mr. William Peasley, in Drury Lane, 
could 'Hearn the certain time, when any of his Lordship's 
comipany is to go away," that he might join himself 
thereto. 

Early in 1635 ^ ^^^w edition of the Relation appeared 
with an enlarged account of the country, a reprint of 
Capt. John Smith's map of Virginia, and an English trans- 



" 35 Fund Pubs. 46. " Relation of 1634, p. 21. 

" 35 Fund Pubs. 45. "* Relation of 1635, p. 49. 



42 Beginnings of Maryland. [394 

lation of the charter of Maryland. In this pamphlet, we 
are informed '" that the Proprietary has ordered conve- 
nient houses to be set up at St. Mary's, where all strangers 
may at their first coming be entertained. 

During the summer of 1634 Calvert sent the Dove with 
a cargo of corn to Boston to trade for fish and other com- 
modities. Winthrop notes the arrival of the vessel at 
Boston on August 29, with near all the company sick, and 
that the merchant died within one week afterwards. The 
Dove remained at Boston until October, and the seamen 
gave the austere Massachusetts men some trouble, revil- 
ing them with such terms as " holy brethren " when they 
came on board, and cursing and swearing " most hor- 
ribly." The magistrates notified the Master that, as 
the disorders were committed on board ship, he ought to 
punish the offenders and requested him " to bring no 
more such disordered persons among us." " 

Meanwhile all had not gone smoothly in Alaryland and 
the planters had reason to obey the instruction " to be 
" mustered and trained in military discipline," and that 
they " cause constant watch and guard to be kept." We 
are ignorant of what happened at the conference between 
Calvert and Claiborne in Virginia, but we may be sure 
that the latter did not agree to submit to Baltimore, for, 
at a meeting of the Virginia Council, held on March 14, 
shortly after the Ark had sailed for the Potomac, Clai- 
borne asked how he should " demean himself in respect 
of the Lord Baltimore's patent and his deputies." Though 
Harvey was present," the Council answered that '' they 
wondered why there should be any such question made," 
and that " they knew of no reason why they should 
render up the right of the Isle of Kent, more than any 
other formerly given to this colony." The validity of Bal- 



'° Relation of 1635, p. 64. " i Winthrop 139, 145. 

"28 Fund Pubs. 139. 

" There were nine men present in all. Coun., 5 Arch. 164. 



395] The First Settlements. 43 

timore's charter had not yet been decided in England, 
therefore they must maintain the rights and privileges of 
Virginia. Yet in obedience to the royal instructions, the 
Virginians would " observe all good correspondency " 
with the Marylanders, trusting that the latter would not 
intrench upon Virginia's interests. At the bottom of it 
all lay the question of the Indian fur trade, and we can 
imagine the anxious converse of Calvert and Harvey on 
the matter, during the visit of the latter to St. Mary's. 

Kent Island Settlement 

Let us look back a little and see what was the position 
of Claiborne and his settlement on Kent Island at this 
time. After receiving the Scotch license to trade, in May, 
163 1, Claiborne sailed at once for America in the ship 
Africa,*" as we have seen, and landed at Kent Island on 
August 17. On the voyage and shortly thereafter, six of 
the ablest servants died and the rest, weak like all new men 
during the process of acclimatization of the first year in Vir- 
ginia, were not enough to carry on the plantation and de- 
fend it against the hostile Indians, who had lately killed the 
Dutch at Zwanendael on the Delaware River. To guard 
against these difficulties, he hired certain freemen in Vir- 
ginia, at least ten in number, mostly from the parts about 
Kecoughtan or Hampton, to go to the island with him 
and work for Cloberry & Co. These men later testified 
that they were paid less than the current rate of wages 
in Virginia *' and far less than they would have taken 
from any one, to whom they did not bear such love and 
good-will as they did to Claiborne. As least 30 or 40 
men were needed for the security of the plantation, and 
during the fur trading season, which lasted from the be- 
ginning of March until the end of June, it was necessary 
to have three or four shallops, or boats, out on the river, 

'" Coun., 5 Arch. 192, 197, 204, 220, 225, 232, 233. 
" Coun., 5 Ass. 192, 198, 221, 226, 233. 



44 Beginnings of Maryland. [396 

each shallop manned by six or seven men. A less num- 
ber, say four or five men, would have been in danger of 
being cut off by the Indians, as there v^^ould be no one to 
guard the arms in the boat, while the trading went on. 
An experienced trader like Claiborne, who knew the In- 
dians and was liked by them " exceedingly," was able to 
make much greater profits than any new man could have 
made, especially in the early years,^' before the competi- 
tion of other traders became sharp and the price of beaver 
rose, as it did after Lord Baltimore's people came. They 
bartered not only for beaver from the Indians, but also 
for deer and other skins, for tobacco and corn. To pro- 
vide for the plantation's needs, Claiborne brought from 
Virginia 28 to 30 neat cattle, a part of which was a herd 
of 12 cattle formerly the property of Sir Thomas Gates,^ 
which Claiborne had left in care of his fellow-councillor, 
Capt. Thomas Purify, when he went to England in 1629. 
Their milk was a great nourishment to those on the plan- 
tation, and the herd had increased to about 150 head, when 
he went to England in 1637. So careful was he of the in- 
terests of the partnership servants that he reserved the 
milk for them alone, though the freemen who settled 
nearby would have given 100 pounds of tobacco yearly 
for the milk of each cow, which then sold for a shilling in 
money per gallon, and would have restored the cattle with 
increase at the end of the season, as is the custom in Vir- 
ginia, for if " the grass on the island be not fed to cattle 
it wasteth, fadeth, and burnetii away, becoming of no 
value." 

There were hindrances to the prosperity of Kent Island 
in spite of his care and economy in payment for " trucking 
stuff, servants' apparel,'* boats, housekeeping, servants' 

*^ It was testified that he was more successful than Fleet or 
Hamor. Coun., 5 Arch. 194, 200, 224. 

^ Coun., 5 Arch. 192, 199, 206, 222, 226, 235, 238. 

"At least is.io.o was usually allowed for this in Virginia. Coun., 
5 Arch. 214, 223, 226, 227. 



397] The First Settlements. 45 

wages, allowance to the several ministers, guns, munition, 
surgery, expenses in journeys, buying of a stock of hogs, 
working tools and other necessaries." Within twelve days 
after the goods were unloaded on the plantation, and 
while he was absent from it, on October i8, 1631, occurred 
a disastrous fire,*^ which destroyed the store-house they 
had just built, consumed a great part of the servants' 
clothes, as the day was warm and they were abroad, 
spoiled most of the trucking stufY, melting the beads into 
lumps, rendering the knives and scissors worth little or 
nothing, melting the sides and bottoms of kettles, wasting 
the copper, and spoiling the axes and hoes. Yet with this 
" burnt truck " and what else he could scrape together, 
Claiborne bought, in 163 1 and 1632, 600 or 700 beaver 
skins '° and 1500 pounds or more of beaver in 1633. 

One of the servants had died on the voyage, but we 
know the names of the 16 that survived and their occupa- 
tions. Tliomas Bagwell was the trader, John Belson was 
carpenter, and John Parr hogkeeper. Three men and a 
boy were employed in the kitchen,*' to dress victuals, make 
bread from corn, and do other work in the house; Joan 
Young, the first woman resident in Maryland, was em- 
ployed " to wash our linen." Henry Pincke was " reader 
of prayers," but this first religious teacher in Maryland 
" broke his leg '* and was unserviceable." To the surgeon 
who set the leg was paid ^4.3.0 or 250 pounds of tobacco 
on November 20, 1631, doubtless the first medical charge 
in Maryland. Six others, who were of the ablest men,*' 
died within three or four months of the arrival, " largely 



°°Coun., s Arch. 204. 

*' Beaver was then worth about 6s and 7s a pound, but had much 
fallen by 1640. Coun., 5 Arch. 205. 

" Henry East, Thomas Kendall, William Cocke and John Russell. 

'* Nearly every year Claiborne charges for " physic and chir- 
urgery," or for " fruit, sugar, and spice for the sick." Claiborne 
clothed five of these servants. 

" John Thompson, Philip Hamblyn, John Dunne, Christopher 
Fleming, John Butler, and Thomas Ivypland. 



46 Beginnings of Maryland. [398 

because of hardness endured by loss of goods & clothes " 
by the fire. The last servant, Richard Haulsey, was 
" thought by the men to have fyred the houses will- 
ingly & therefore, they would not endure him," where- 
upon Claiborne " sold his time, being a very untoward 
youth." In charge of this little company, in Claiborne's 
absence, was Arthur Ffiges as lieutenant, with a salary of 
£30 per year. In addition to the indentured servants, 
there were seven men '" hired, either in Virginia or from 
among the passengers on the Africa. 

Growth at Kent Island 

In 1632, there were eight hired laborers and traders on 
the plantation, one new one being added to diose em- 
ployed in the previous year. In addition, we find Richard 
Popley, from whom Popley Island was named, as over- 
seer of the men, a carpenter, a huntsman, and eleven in- 
dentured servants, of whom four are new men. Of the 
entire number, two are classed as hogkeepers, and several 
as traders. We note that Claiborne provided apparel for 
some of the servants and some of the hired laborers, and 
that the Rev. Richard James, first clergyman in Mary- 
land, appears in that year. He received £60 as tithes for 
the year past, on March 24, 1632-3, and left the island in 
1635, but his wife, Gertrude, remained for some years 
more. The little company seems to have been a fairly re- 
ligious one, and we find charges in Claiborne's account 
for £2.5 on October 19, 1632, for Bibles and books of 
prayer in the house and boats, and on December 10, for a 
" black velvet cushion and black cloth for the pulpit," 
while on September 28, 1633, £3.7.0 were paid for "pew- 
ter dishes for the house of Jesus Christ," doubtless the 
first communion service in Maryland. Whether they built 
a special building for a church then we know not, but one 

'"At ;£3.io.o per year. Tobacco was valued at 4d per pound. 



399] The First Settlements.. 47 

was constructed in 1636. Claiborne wrote: "They built 
houses, palisaded a fort against the Indians, cleared the 
ground, planted corn and victuals, and tended hog^s " during 
the years 163 1 and 1632. The trading with the Indians, 
however, was the principal work, and frequent trips were 
made to Virginia for supplies. In addition to the small 
boats, a pinnace was kept out. Of this Thomas Butler 
was master with a yearly salary of £22. 

Claiborne had written to England, immediately after the 
fire, urging the speedy sending of more supplies, but 
though these letters were received in January or Febru- 
ary, 1 63 1 -2, Cloberry & Co. sent nothing for over a 
twelvemonth, and then an insufficient cargo was received 
in the Defence." Meanwhile Claiborne had to live on the 
island, to regain the loss sustained by the fire, and so lost 
his Virginia offices, as he alleged, and also suffered 
" many wants and miseries, often lying on the ground and 
in the woods in extremity of heat and cold, & hath been 
shipwrecked & often been taken prisoner by the Indians 
& like to be slain by them, and hath lost the use of his 
right arm." 

In the year 1633 we find the first record of an African 
in Maryland, for Claiborne paid on November 23, i 1.5.0 
" for a neger's service some months." Twenty-two per- 
sons were employed on the joint stock that year, there 
being a new indentured servant and a new maid, Joan 
Dually. That year they had a gardener and planted gar- 
den seeds and also 2000 plants of tobacco. It is interest- 
ing to read that Claiborne allowed the men a certain 
amount of tobacco every year " to drink." 

A great hindrance was the failure of the English mer- 
chants to send truck, especially in 1632 and 1633. Then 
Claiborne could have bought several thousand skins more, 
had he been properly provided with truck for the boats he 

"* 5 Arch. Coun. 194, 201, 205, 207, 225. Cloberry & Co. sent 
over the Defence in February, 1632-3, with a cargo of iron, duffels, 
etc., valued at £170. 



48 Beginnings of Maryland. [400 

had fitted out. At times the Indians even had to take 
away beaver skins they had brought to barter. Not only 
v/as there lack of truck, but also of supplies for the plan- 
tation/' so that after waiting long in vain for them, Clai- 
borne was necessitated to send to Virginia and purchase 
at greatly increased prices.'*' There was great want of 
ammunition also," which not only hindered trade, but 
endangered the very life of the planters. At times the 
people were almost afraid to stir out of doors, two per- 
sons were killed and two more injured on one of the plan- 
tations near that of the partnership, and the people com- 
plained to Claiborne, while one shrewd fellow cut loopholes 
in all the houses and told the Indians loafing around that 
their treacherous schemes were discovered and that 
preparations were being made to shoot them, with the 
result that they departed.'" In the Indian trade, too, it 
was necessary to allow the aborigines to toss over the 
goods, or they went away " with distaste." As a result 
they were " very tedious " in viewing the goods, and so 
much was stolen by the Indians and given as presents to 
them that no inventory could be kept and it was possible 
only for the men in the shallop to report on their return that 
they had bought so many skins and had so much truck 
left."* 

Claiborne and hts Partners. 

In 1634 the plantation was " much hindered and mo- 
lested by Indians falling out with us and killing our men 
and by the Marylanders hindering our trade," as Clai- 
borne wrote. Only six of the original indentured ser- 
vants remained,'' but 22 men were maintained on the 
joint stock throughout the year. Among the new names 

** Coun., 5 Arch. 193, 199, 206, 223. 

"' Coun., 5 Arch. 193, 229. 

" Coun., 5 Arch. 199, 206. 

'''Coun., 5 Arch. 190, 194, 2or, 207, 211, 225. 

^'^ Coun., 5 Arch. 190, 194, 200, 224. 

'"Claiborne says he bought 11, but this must mean hired. 



401] The First Settlements. 49 

is that of Thomas Smith, storekeeper, who received an 
annual salary of £20, and of whom we shall hear again. 
During the year Claiborne bought two quilted armor 
coats, and built the pinnace Longtail," of which Thomas 
Cole was made master. On April 30, Claiborne recorded 
that they " paid our landlord in truck, for the purchase of 
our island." I am not sure of the meaning of this item, 
but the wonder suggests itself whether, after the Calvert 
party came, it was not thought wise by the Kent Islanders 
to strengthen their occupation tenure by a purchase of the 
land from the Indians. During the year, they planted Pop- 
ley's Island, but were put from thence, either by Calvert's 
people or the Indians, in two or three months. There was 
considerable recrimination indulged in, later, by both 
Claiborne and Cloberry & Co., as to their relative respon- 
sibiHty for the hostility to Calvert. Cloberry & Co. main- 
tained that the chief reason that the Maryland charter had 
been granted was, because Claiborne did not give timely 
notice of his proceedings in the Chesapeake, and that, 
after the grant, they had several conferences with Balti- 
more and might have made an arrangement with him, but 
that Claiborne wrote he did " wholly dislike " to have to 
do with " Jesuitical papists," such as Baltimore and his 
agents. To be dependent on him or his governors, he 
held to be intolerable, and believed that Baltimore's 
rights did not extend over Kent Island, as it was culti- 
vated before the charter was granted, and probably was 
north of the 40th parallel of latitude."' Further, he re- 
ported that Calvert's party carried matters with a high 
hand and thought all men thieves and intruders but them- 
selves, while "to make their actions look fairer in the eyes 
of cruel papi.^ts, they embroidered them with effusion of 
native blood." There is no recorded ground for this last 



" A flag and " ancient " were bought for it April 10. 
" See Sir Edmund Plowden's Description of Ne"w Albion in 
Neill, Founders, 56. 
27 



50 Beginnings of Maryland. [40^ 

charge. Claiborne, on the other hand, said that he op- 
posed Baltimore, chiefly because his London partners 
wrote him that they would rather lose all than come under 
Baltimore, and doubted not but that they could obtain a 
grant that would overthrow the charter of Maryland. 
Each accused the other of deceitfully approaching Balti- 
more. 

About this time, either because of discontent with 
Claiborne or disgust with the whole enterprise, Thomp- 
son and Turgis sold out their shares to Cloberry, and 
Delabarr his to one Murehead. Claiborne later claimed 
that these transfers were not legal, for he never consented 
to the admission of the new partner. At any rate, because 
of the change in ownership or with a desire to check Balti- 
more's men, the English partners now took vigorous steps 
to fit out a new expedition. 

In December, 1634,°° the ships James and Revenge came 
over, the former bringing 30 °°* men and a cargo which 
Cloberry & Co. valued at £1138, and the latter seven men 
and a cargo valued at ^311. Among the men were saw- 
yers, smiths, carpenters and millwrights, to erect grist mills 
at Kecoughtan and Kent Island, but the supplies they 
brought were not sufficient,"" nor of good quality, nor suited 
to the trade, so that the Indians would buy but little of the 
truck. 

Calvert and Claiborne 

Claiborne's greatest trouble was caused, however, by 
the arrival of the Maryland party. He tells us that, by 
proclamation"*' of April 8, 1634, they interdicted trade and 
surprised boats, some of which were out of their limits, 
which probably means they were near Kent Island. We 
have no other record of the proclamation, but it is prob- 
able enough. Probably about this time. Captain Fleet 

'° Coun., 5 Arch. 235. 

^"^ Claiborne's account names only 22. 

^''° Coun., 5 Arch. 194, 201, 205, 207, 225. '" Coun., 3 Arch. 32. 



403] The First Settlements. 51 

talked with Claiborne/"' and "trading without leave got 
about 200 skins," and, as Lord Baltimore's men " feared, 
incensed the Indians against us." Because of the ac- 
cusation brought against Claiborne of having told the 
Indians that Calvert's party were Spaniards,"" and on June 
20, at Patuxent, there was a meeting of four of the Vir- 
ginia^""* Council, with Claiborne, George Calvert and 
Frederick Wintour being present on the part of Maryland, 
to question the Indian chiefs as to the origin of the rumor. 
They admitted they had thought Calvert's party were 
" Waspaines," but denied that Claiborne had told them so, 
or that Fleet had truthfully interpreted what the werow- 
ance had said in the cabin of the Ark."* 

Early in July, Capt. Thomas Young,'"* with his ship, ar- 
rived at Point Comfort and, descrying a small bark, sent 
his lieutenant to learn news from her. She was Clai- 
borne's boat, and, learning that he was on another ship, 
the lieutenant went thither and " fell in talk concerning 
my Lord Baltimore's company." He soon saw that 
troubles existed between the Kent Islanders and them, 
and " that a man might read much malice in Claiborne's 
heart towards Baltimore." On his return, the lieutenant 
brought Claiborne with him and he remained on Young's 
ship until morning. He said that Harvey had gone to St. 
Mary's to hear and compose the differences and had just 
returned for the same purpose with Calvert, Cornwallis, 

"^35 Fund Pubs. 40; 7 Fund Pubs. 35; Relation of 1635, p. 14. 

"' Coun., 5 Arch. 165. 

"'* Capt. John Utie, who came to Virginia in 1620 and settled 
later Spesutia Island in the Chesapeake; Capt. Samuel Matthews, 
who came to Virginia in 1622 and lived near Newport News, of 
whom we shall hear later; Capt. Wm. Price, and Thos. Hinton. 
Neill, Founders, 49. 

"* Fleet seems to have given some testimony under oath against 
Claiborne. 28 Fund Pub. 142. 

'"*ag Fund Pubs. 285 contains letter of Capt. Thos. Young to Sir 
Toby Matthew, July 13, 1634, from Jamestown. Young was uncle 
to George and Robert Evelin. Another letter from him to Secre- 
tary Windebank follows, p. 300, concerning the Dutch on the Dela- 
ware. 



52 Beginnings of Maryland. [404 

Hawley, and other principal gentlemen of Maryland. Clai- 
borne would not remain, but intended to retire to " his 
own plantation, under pretense that he went thither to 
take order for the securing thereof against certain Indi- 
ans, who had lately, as he understood, killed a man & a 
boy of his." Young found him " subtile & fair spoken," 
but most bitter against " my Lord's company." He told 
Young he had, at first, borne good correspondency with 
them and furnished them with hogs and other provisions, 
until Calvert had given directions to take and seize him 
and his boats that went to trade and had accused him to 
the Governor of Virginia " for animating and conspiring 
with the Indians " to cut them off. Governor Harvey ap- 
pointed certain commissioners from Virginia to join with 
Maryland commissioners to examine the truth of that 
accusation and they found it groundless. Now they come 
for a reconciliation, but Claiborne will not be present. 

After Claiborne left him. Young visited Harvey in the 
other ship and found with him only Cornwallis, as Calvert 
fell sick by the way and returned. Taking Cornwallis 
aside. Young told him of the discourse with Claiborne. 
Cornwallis answered: " Claiborne dealt very unworthily 
and falsely with me. He labored to have the Indians sup- 
plant us, as we were Spaniards, & only Captain Fleet's 
persuasion prevented the Indians from attempting this. 
Not only confession of Indians but also that of Christians 
on oath proved the plot and some of the principal coun- 
cillors of Virginia might justly be suspected of having 
abetted Claiborne to this foul practice." When Calvert 
complained to Harvey, he ordered Claiborne's arrest and 
confinement in the hands of Matthews and Utie, two of 
the Virginia Council, who were his " private friends." 
Harvey ordered them to take Claiborne to St. Mary's 
and meet Cornwallis and Hawley there, keeping Clai- 
borne from any conference or messages to the Indians. 
From St. Mary's, they should go to the Indians and 
examine them in Claiborne's absence. Matthews, who 



405] The First Settlements. 53 

was " the person on whom the strength & sinews of 
their faction depends," and Utie did not intend to comply 
with Harvey's order, but " subtilely inveigled into their 
company '"'' two very young gentlemen," George Calvert 
and Wintour, and persuaded them " with fair words, find- 
ing them in a jovial humor," to " accompany them to the 
examination of the Indians." So Calvert and Wintour 
went as the Maryland commissioners, and also Claiborne 
came along, with a servant of his as an interpreter. While 
Leonard Calvert and Harvey waited them at St. Mary's, 
the examiners, in Claiborne's presence, asked the Indians 
such questions as would best serve his advantage and 
caused the interpreter to frame such answers from the 
Indians as best suited their purposes. Then they reduced 
the examination to writing and induced George Cal- 
vert "*'^ and Wintour to sign the paper. This they sent to 
St. Mary's by one of the Virginia Council with the Indian 
King of Patuxent (Patterpunt) to justify the proceed- 
ings. Harvey was informed that they would await him 
at Kecoughtan, but found all gone when he came thither. 
Cornwallis added that there had been no attempt by Bal- 
timore's party to seize Claiborne and that they offered 
him " all fair correspondence, with as full liberty to trade 
as themselves, but he refused it, wherefore the Governor 
gave order to forbid him to trade." We can clearly see 
the irreconcilable nature of the parties to the conflict. 

Later in the season,"' letters came from England both 
to Virginia from the Privy Council, and to Calvert from 
his brother, the Proprietary. The former, dated July 22, 
encouraged "^ the opposition to Maryland, as it assured 
the planters, for their better encouragement, that the re- 
vocation of the charter of Virginia had meant no impeach- 



^"^^ He says Price and Hinton went without, or rather contrary to, 
order. 

"*•= This probably explains the legend that he went over to 
Claiborne. 

"' Coun., 5 Arch. 168. '"" Coun., 3 Arch. 32. 



54 Beginnings of Maryland. [406 

ment of the interest of the individual planters. While this 
was nothing new, Claiborne solaced himself with the 
thought that it confirmed his right to a free Indian trade 
which the Marylanders had denied. Cecil's letter to his 
brother, dated September 4, directed him to seize Clai- 
borne and to detain him a close prisoner at St. Mary's,'" 
and that he also take possession, if possible, of the Kent 
Island plantation and hold both until further word. 
Eleven days later, Baltimore wrote "* Secretary Winde- 
bank from Wardour Castle that, since the return of the 
Ark from Maryland, he had several times waited on him 
in London and now writes to express his thanks for Har- 
vey's " noble and friendly manner unto me " and to send 
therewith, by Mr. Peasley, papers concerning Claiborne's 
" malicious " behavior. He also asks that a royal letter 
be sent to Harvey, commending his conduct, or, if there 
be not time for this, that Windebank himself write by the 
next ship to avert the danger of the overthrow of the 
Maryland plantation .'"° Windebank wrote the desired let- 
ter and the royal missive to Harvey soon followed. Un- 
happily, the effect of these letters was nullified through 
the efforts of Claiborne's English partners. Within a 
fortnight after the royal letter to Harvey, a petition from 
Cloberry & Co. to the King secured a letter under the 
royal signet which was sent to the Governor and Council of 
Virginia in the last ships leaving England that year for Vir- 
ginia."" From the petition we learn that Baltimore's men 
had already shot at the men and boats of Cloberry & Co. 
trading in Chesapeake "^ Bay. Calvert was away from 
London and " brother Peasley " must have been napping, 
when " Lord Baltimore, as all other pretenders, under him, 



"' Coun., s Arch. 168. "' Coun., 3 Arch. 25. 

^■^ Coun., 3 Arch. 26, 27. "" Coun., 3 Arch. 28, 29. 

"^Relation of 1635, p. 41. There is a story of a struggle between 
the Susquehannocks and Wicomesses on Kent Island in 1634, in 
which three out of a party of 5 of the former tribe as well as three 
of Claiborne's men and some of his cattle were killed by the latter. 



407] The First Settlements. 55 

or otherwise, to plantations in those parts " were prohib- 
ited from doing Cloberry & Co. any violence or " from 
disturbing or hindering them in their honest proceedings 
and trade in the Kentish Island near to Virginia," which 
they have planted and inhabited " by our commission." 
All officers in America were directed to aid and assist Clo- 
berry & Co., that they may peaceably enjoy the fruits of 
their labor. 

Harvey received the royal letter of commendation in 
December and answered it at once, expressing his grati- 
tude, but regretting that his power is limited by the Coun- 
cil, in which almost all are against him in what regards 
Maryland. This faction which he suspects is nourished 
from England, and has caused the common people to go so 
far as to say that they would rather knock their cattle on 
their heads than to sell them to Maryland,"^ while there 
are many meetings and consultations between Claiborne 
and the other members of the Council. 

After the settlers had been in Maryland nearly a year, 
Calvert called sn assembly of the " people inhabiting this 
colony of St. Mary's." As the proceedings are lost we 
know almost nothing of its transactions, but we are sure 
that it passed certain " wholesome laws and ordinances " 
for the welfare of the province and that among these laws 
was one of February 26, 1634-5,"''* enacting that offenders 
in all murders and felonies should suffer the same punish- 
ment as would be borne by like criminals in England. 
Baltimore's claim to initiative in law-making, doubtless, 
led him to refuse to assent to the statutes. 

Petty Warfare 

Now begins a series of petty conflicts, invasions and 
naval battles which remind one of the struggles between 
the old Greek republics. 

"^ Coun., 3 Arch. 30. Harvey sent some of his own cows over. 
"'^ Ass. I Arch. 23. 



56 Beginnings of Maryland. [408 

When the winter of 1634-35 wore to a close, Claiborne 
sent out the pinnace Longtail "' to trade for corn and 
furs. Thomas Smith was in command of the vessel and 
he sailed right across the bay to Mattapany, on the Patux- 
ent River, to beard the lion in his den and trade in the 
neighborhood of St. Mary's. On April 5, the day after 
the Longtail's arrival, Fleet, who had become reconciled 
to Calvert, with three others, came overland ^* and asked 
by what right Smith traded there. He replied, " By virtue 
of his Majesty's Commission and letter to Capt. Clai- 
borne." Fleet read the copies which Smith had and said, 
" This does not license Capt. Claiborne to trade further 
than the Isle of Kent," while Capt. Humber, one of his 
party, added, " It is a false copy and grounded upon false 
information. Come, let us board them." Smith cried 
out: "You had best take heed what you do; it is ill jest- 
ing with paper which came from his Majesty," but Fleet 
refused to show his commission, entered the vessel and 
turned the crew on shore without arms. Smith asked for 
arms to defend himself and his men against the Indians, 
and Fleet retorted they were as safe as if they were 
aboard. That night the men slept in the woods and then 
they went on foot to " Maryland," as Claiborne's party 
called St. Mary's. Smith meantime was taken with 
Fleet in the small boat of the pinnace. When they came 
to St. Mary's, they found Calvert away and CornwalHs 
acting as his deputy. Smith made complaint to him that 
his vessel had been taken. " They did not more than 
what they had order for to do," answered CornwalHs, 
" to stop all vessels they should find trading in the 
Province." "' After waiting two days, Calvert returned 



"'28 Fund Pubs. 141-149. 

"* On the way to the river, at the Indian town, Fleet and his party 
seized Henry Ewbank, one of Smith's party, and carried him with 
them. 28 Fund Pubs. 146. 

"" CornwalHs said that Smith's credentials were probably forged, 
and at any rate only covered Kent Island. 



409] The First Settlements. 57 

and sent for Smith and his party at Cornwallis's house. 
The Governor then said he would keep the vessel and re- 
fused to return the men to Kent Island, though he ofifered 
to send them to Virginia or England. Smith refused this 
offer and said the Islanders were in want of corn. Cal- 
vert replied this could not be. After waiting four or five 
days and seeing no prospect of release of the pinnace, 
Smith asked for a boat with which to return home. This 
request was refused, but Calvert permitted Smith to make 
arrangements with Indians for transportation and so the 
Islanders were sent away with only one gun, which be- 
longed to Smith, and without victuals. The treatment was 
harsh, undoubtedly, but it must be remembered that the 
Longtail was trading within the undoubted limits of Balti- 
more's territory and against his express orders. 

After the seizure of the Longtail, a sort of petty war- 
fare between the settlers of Kent Island and those of S!. 
Mary's lasted for three years. Of the year 1635, Clai- 
borne writes: "We did little good and had many hin- 
drances from the Marylanders." Yet they built two wind- 
mills, buying stones from Virginia, as those brought from 
England proved to be unsuitable."^ Claiborne disap- 
proved of the policy of the Londoners to build mills, rape- 
oil and iron works, but seems to have entered heartily 
into the manufacture of pipestaves. 

Meanwhile he wrote of a great trade and that the hogs 
and cattle increased rapidly. In five years he said he sent 
5000 pounds of furs to England which were sold for £3500. 
With Alexander Mountney and John Smyth, he brought 
freemen to the island and planted " Craford," "' by which 
settlement, five miles from the main one, the island was 
better protected. In this year there were 38 persons on 
the joint stock, four of whom were millwrights and car- 



"" 5 Md. Arch. Coun. 228. 2^6. 

'" 5 Md. Arch. Coun. 212, 220, 237. Claiborne borrowed the com- 
pany's servants and lent his in return. 



58 Beginnings of Maryland. [410 

penters, two smiths, one a sawyer, one a tailor, one a 
planter, one a gardener, one a seaboy, six woodcutters 
and laborers, three maidservants "* in kitchen and dairy 
and four men were employed in the kitchen. 

To retaliate for the loss of the Longtail, Claiborne sent 
forth Lieutenant Ratcliffe Warren in the Cockatrice with 
thirteen armed men, with orders to demand back that 
vessel and to seize and capture any of the pinnaces or 
other vessels belonging to the government of St. Mary's. 
When Calvert heard of this he fitted out two pinnaces, the 
St. Margaret and St. Helen."' The hostile vessels met in 
the Pocomoke on April 23, about a fortnight after Smith's 
return to Kent, and in the combat that followed, there 
were killed William Ashmore, of the St. Mary's men, and 
Lieutenant Warren, John Belson, one of the Africa's 
party, and William Dawson, who came to the island in 
1634.^^" Three more of Claiborne's men were wounded.'" 
This first inland combat between white men in American 
waters was alleged by the Calvert party to have been 
begun by the Kent Islanders and led to the trial of Smith 
and Claiborne by the Assembly in 1638. On May 10, 
Cornwallis, who commanded the Maryland pinnaces, 
seized Smith as a prisoner in the harbor of Great Wigh- 
comoco, but he seems to have been released or to have 
escaped for the time, as he received payment from the joint 
stock on April 20, 1637, for trading. 

Harvey's Overthrow 

These stormy events created a great commotion in Vir- 
ginia. In the preceding year, Capt. Thomas Young wrote 



"' Joan Qually, Mary Martyn, Joyce Davis. 

'" I Scharf, log; Neill, Founders, 51; Browne, 34; S Md. Arch. 
Coun. 169; 3 Md. Arch. Coun. 39. 

"° I Md. Arch. Ass. 17. Claiborne alleged that he sent word to 
Calvert to come and retake a boat, seized by Warren, filled with 
Maryland produce. 

'"' 3 Md. Arch. Coun. 32. 



411] The First Settlements. 59 

from Jamestown to Secretary Windebank ^" that the " State 
wherein my Lord Baltimore's Plantation stands with those 
of Virginia " may " prove dangerous enough for them, if 
there be not some present order taken in England, for sup- 
pressing the insolence of Claiborne and his accomplices 
and for disjointing this faction, which is so fast linked and 
united, as, I am persuaded, will not by the Governor '" be 
easily dissevered, or overruled, without some strong and 
powerful addition to his present authority, by some new 
powers from England. And it will be to little purpose, for 
my Lord to proceed in his colony, against which they have 
so exasperated and incensed all the English colony of Vir- 
ginia, as here it is accounted a crime almost as heinous as 
treason to favor, nay, to speak well of that colony of my 
Lord's. And, I have observed, myself, a palpable kind of 
strangeness and distance between those of the best sort in 
this country, which have formerly been very familiar and 
loving to one another, only because the one hath been 
suspected to have been a well wisher to the Plantation of 
Maryland." When the feeling was such before the con- 
flicts and when we learn that Governor Harvey was disliked 
by the Virginians for other reasons, we are not surprised 
to learn that four days after the skirmish, and, probably 
before news of it had come, a public meeting was held at 
the house of the Speaker of the Assembly at Yorktown to 
consider the Governor's conduct."* Harvey had upheld 
the seizure of the Longtail by the Marylanders, contrary 
to the express commands of the Kmg, the people indig- 
nantly said, and had refused to read these commands to 
the Council, alleging that they were " surreptitiously 
gotten." The next day, the Governor called a meeting of 
the Council, wishing to have the petitioners of the day 
before severely punished. A violent altercation occurred, 
resulting in the arrest of Harvey for treason, in not deliver- 



' July, 1634, 4 Series, Vol. g, Mass. Hist. Soc. Colls. 
I.e., Harvey. "' Neill, Founders, 52; Md. Arch. Coun. 34. 



60 Beginnings of Maryland. [412 

ing the Council the royal letters. A week later, the Coun- 
cil, led chiefly by Utie and Matthews, heard the " innumer- 
able grievances " of the people and determined to choose a 
new governor, Captain John West, brother to Lord Dela- 
ware, and to send Harvey to England. The chief allega- 
tion against him was " that he was a Marylander, that is 
one that favored too much my Lord Baltimore's Plantation 
to their prejudice." '" Believing that Harvey's encourage- 
ment was one reason for Calvert's vigorous action, the 
Virginians "° sent Utie and Pierce to Maryland, with letters 
desiring Calvert and his Council to " desist from violent 
proceedings," and promising them " all fair correspondency 
on behalf of the inhabitants of the isle of Kent, until we 
understood his Majesty's further pleasure." Before the 
Virginians received an answer, Claiborne came, on May 
23, asking for redress. Letters were dispatched to Eng- 
land at once by Richard Kemp,"' Secretary of the Colony, 
and Samuel Matthews, on the part of the Council, telling 
why Harvey was sent home. Claiborne also wrote to 
Secretary Coke, complains bitterly of his " cruel neigh- 
bors, who have not only trampled over all rights but con- 
temned the express commands of his Majesty, under the 
protection whereof I deemed myself so safe that I pro- 
vided not enough against their violence and so perished by 
security," and asks for " speedy signification " of Charles's 
pleasure. 

Sir John Harvey and these letters arrived in England on 
the 24th of June, after a quick voyage."* The Privy 
Council, on July 2, ordered both parties to come before 
the Attorney-General for examination. We have but little 
information as to the course of events. On July 14, Har- 
vey wrote to Secretary Windebank that the chief charge 
against him was that he was about to betray the fort into 



^^' Correspondence' of Earl of Stafford ; Neill, Founders, 53. 

^'" Neill says on May 7. 

^■'3 Md. Arch. Conn. 31-37. '''3 Md. Arch. Coun. 38. 



413] The First Settlements. 61 

the hands of the Marylanders, the enemies of the Vir- 
ginians, and that he fears they intend no less than the sub- 
jection of Maryland."^" On the other hand, Governor West 
wrote the Lords Commissioners of Plantations,"" on March 
28, 1636; "Without infringing his Majesty's grant to the 
Lord Baltimore, we have taken the nearest course for 
avoiding of further unnatural broils between them of Mary- 
land and those of the Isle of Kent." " This was done by 
putting under deep bond," to keep the King's peace both 
Claiborne " the Commander " of the Isle of Kent, and such 
of the Calvert party as come to Virginia. Constant watch- 
fulness was needed in England. In 1635, Hawley returned 
thither, to justify Cornwallis's conduct in the skirmish on 
the Pocomoke and was called before the Privy Council on 
December 11, when Harvey was examined, and it was 
charged against Francis Rabnett, a servant of one of the 
Wintours, that he declared it was " lawful & meritorious to 
kill a heretic King." Hawley was then asked, if he had 
ever said " that he was come to plant in Maryland the 
Romish religion " " & utterly denied " this.""^ He had to 
admit, however, that mass was publicly celebrated in the 
province. 

The Coming of Capt. Evelin 

The loss of the Longtail and the warfare with the Mary- 
landers caused the Kent Island settlement to be in sore 
straits for corn, which they could not obtain from the In- 
dians without boat or truck."' Philip Taylor of Acco- 
mack, trading for Cloberry and Murehead in the Potomac, 
was several times violently assaulted by the St. Mary's 
men with armed men, guns, and Indians, and his pinnace, 
boat and goods Vv^ere seized, but in some manner he es- 
caped, and in June brought a most welcome supply of corn 
to the plantation, probably in the new pinnace which Clai- 

"° 3 Md. Arch. Coun. 39. "" 3 Md. Arch. Coun. 40. 

""aNeill, Founders, 91. 

"' 5 Md. Arch. Coun. 190, 194, 200, 207, 214, 224. 



62 Beginnings of Maryland. [414: 

borne bought in that month. Many writers have thought 
that the Kent Island settlement is shown by this dearth not 
to be an " established plantation, but rather a trading 
post," ''' but a further examination shows that, while there 
was not enough corn raised to supply the settlement for the 
whole year, yet considerable planting was done, especially 
of tobacco and vegetables. The only other glimpse we 
have of Kent Island for the year is that the religious ser- 
vices on the plantation were kept up, and that, after Mr. 
James returned to England leaving his wife on the island, 
Rev. Messrs. Cotton and Hampton came over, each for 
about half of the time. Other independent settlers came 
and took up land, paying Claiborne a yearly rent of 2 
capons therefor."' 

In 1636, 29 men are recorded as having been employed 
on the joint stock account "' and Claiborne adds : " This 
year our works were as other years in trading and plant- 
ing, but especially were we employed in perfecting the 
mills. We framed two other miills, perfectly, so far as we 
could, ready to set up. We framed the church. We sawed 
divers stocks to boards." One of the men went to the 
Susquehannoughs, lived with them, was interpreter and 
helped the trade. 

In this year, the London partners "° sent over two ves- 
sels: the John and Barbara, and the Sara and EHzabeth, 
with a cargo of truck they valued at £3000 and 18 men. 
Cloberry and Murehead later testified that Claiborne had 
written them that he was coming to England to answer 
Baltimore's complaints and asked that another be sent to 
take possession of the islands and goods and that an ac- 
countant be also sent."' So Capt, George Evelin was sent 

"' Cf. Hall, Lord's Baltimore 43. 

"'3 Md. Arch. Coun. 95. 

"*Joane Vizard, Mary Martin, Anne Matthews were the maids. 

"■^ In 1637, Cloberry & Co. are said by Claiborne also to have 
sent a vessel to Barbary. 

"° Claiborne said they asked him to come and Evelin was sent over 
without his consent. 



415] The First Settlements. 63 

as agent and commander of Kent and John Herriott as 
accountant. Herriott soon died and there was some diffi- 
culty about the sale of his goods, which it was alleged 
Claiborne had undervalued/" 

One of the emigrants on the Sara and Elizabeth, Rob- 
ert Turtle, testified that he found at the settlement; a fort, 
divers houses, windmills, and a smith's forge. At first, 
Evelin seems to have gotten along well with Claiborne 
and to have deferred to his experienced judgment in the 
employment of servants. Evelin was a nephew of Capt. 
Thomas Young,"* of whom we have heard, and a brother 
of Robert Evelin, who had previously voyaged to the Dela- 
ware and later settled in Virginia. George Evelin was 
evidently acquainted with the Calvert family, was born in 
London, January 31, 1592/3 and married Jane, daughter 
of Richard Craney of Dorset*^ When he landed on Kent 
Island, in November, 1636, he is said to have spoken 
against the claims of Lord Baltimore and to have " alleged 
that Claiborne's commission from the King and the King's 
letter in confirmation thereof was firm and strong against 
the Maryland patent. The grandfather of Leonard Cal- 
vert was but a grazier, while Leonard himself, such a 
fellow as he, a very dunce and blockhead when he went to 
school, is come to this." 

In February, 1636-7, a pinnace came up to Kent Island, 
bearing servants and goods which had been brought over 
in the Sara and Elizabeth and, on the same day, Evelin 
took a part of the truck and went trading to the " Poto- 
meck " River. During this trip, Evelin seems to have 
gone to St. Mary's or Virginia, and an interview with 
Calvert which he had there changed his mind. Doubtless 
fear of this led Claiborne, in May, 1637, on the eve of 

"^ 5 Md. Arch. Coun. 220, 239. 

""5 Md. Arch. Coun. 181. Neill, Founders, 54. S. F. Streeter 
wrote sketch of Geo. Evelin, verj' unfavorable to him. and pub- 
lished as 2 Fund Pubs. " The First Commander of Kent Island." 
The title is a misnomer, Claiborne was the first. Brown's Genesis 
of U. S. 888. 

""5 Md. Arch. Coun. 214, 230, 236. 



64 Beginnings of Maryland. [416 

his departure in the pinnace EHzabeth, to ask Evehn that 
they sign and dehver to each other mutual inventories "' 
of the stock and that Evehn give him a bond not to dehver 
the Plantation, or Islands, or any part of them, to the Mary- 
landers, or to any other, and not to remove any of the 
servants from Kent Island/" Evelin replied brusquely 
that he did not care to have an assignment of the lands 
and goods from Claiborne. He would have them, whether 
Claiborne would or no, for he had more to do with them 
than Claiborne had. With these words, he showed the 
power of attorney from Cloberry & Co. to Claiborne, for 
the first time."^ Previously, Evelin seems to have acted 
as Claiborne's deputy, but now there was clearly nothing 
for the latter to do, but to leave the plantation uncondi- 
tionally in Evelin's hands, as he did three or four days 
later. Evelin followed to Virginia in June, and going to 
Jamestown, showed his power of attorney from Cloberry 
and Murehead to the Governor and Council there. He 
was then permitted to take the pinnace Elizabeth and the 
other boats and property of the joint stock.^*' About mid- 
summer, Evelin returned to Kent and took possession of 
all the partnership property. Claiborne's brother-in-law, 
John Butler, and Mrs. Gertrude James, with whom he had 
left a power of attorney as to his ^ of the joint stock, sub- 
mitted without question. Evelin now " ordered and di- 
rected " the servants concerning their labors. He let some 
go free, others buy their time, and took ten of them, four 
of whom were carpenters, to Maryland to work on a 
manor, called Evelinton, at Piney Point on the Potomac, 
which had been granted him by Calvert.^'* He told one of 
the Kent settlers, that he intended to settle in Marvland "' 



^^ S Md. Arch. Coun. i8r, 195, 215. Claiborne said he brought 
over witnesses to England with him. 

"^ 5 Md. Arch. Coun. 182, 195, 201, 215, 230, 2.37. 

'*" 5 Md. Arch. Coun. 216. 

^"5 Md. Arch. Coun. 211, 216, 227. 

"*S MA. Arch. Coun. 182, 195, 202, 207, 211, 216. 

"' It is noteworthy that the Kentish men always speak of the 
Western Shore as Maryland. 



^ 



417] The First Settlements. 65 

and that it would be better to live there than in Kent. 
Evelin also took with him many trees from the plantation 
garden and some 800 or 900 pounds of truck, as well 
as two frames of windmills. Another large portion of the 
truck, he disposed of to the inhabitants and freemen of the 
island and still another part was sent to Virginia, several 
trips being made to take the goods away."' It is true we 
have not a full defence of Evelin, but from what evidence 
we possess, Claiborne seems to be right in saying that, 
because of Evelin's conduct, the islands became " void and 
waste." The case is still stronger, if it be true, that the 
freemen on Kent Island would have been bound together 
to have bought the estate, with the 36 servants on it."' 

Relations between Calvert and Evelin grew closer. The 
former bought cloth from the latter, with which he pur- 
chased corn from the Susquehannoughs, though the plan- 
tation on Kent Island was in need of corn."' 

Growth iof St. Mary's 

During this time, we have little information as to the 
events at St. Mary's. Five Jesuits were laboring to learn 
the Indian languages and preaching to the white settlers. 
Impeded by illness, of which two of their number died in 
1638, and not allowed by the rulers of the province to 
dwell among trie aborigines, because of their hostile dis- 
position,"' their work was chiefly among the settlers. 
Many were induced to accept the Roman Catholic faith. 



'"5 Md. Arch. Coun. 184, 196, 202, 208, 212, 217. 

'" Mountjoy Evelin with some truck was left with the " King of 
Patomeck " to learn the language. 5 Md. Arch. Coun. 183. Brown's 
Genesis 888. He was Geo. Evelin's son. Robert Evelin, George's 
father, was in the Va. Company. 

'" 5 Md. Arch. Coun. 184, 190, 2x7. This shows that the Calvert 
party were not yet raising enough grain for their needs. 

""They write that they slew a trader and conspired against the 
whole colony. The early priests were Andrew White, first supe- 
rior, John Altham or Gravener, who preached at Kent Island, and 
died at Sf. Mary's Nov. 5, 1640, Philip Fisher, superior 1637 to 
1640, John Brock, or Morgan, superior in 1640 and died in 1641, and 
Roger Rigby who died in 1646. (7 Fund Pubs, no ff.) 
28 



66 Beginnings of Maryland. [418 

among them the Jesuits' four indentured servants, bought 
in Virginia, and their five hired servants. Some of the 
conversions, which were most remarkable, are reported 
in detail and even miracles were hinted at."" A number 
of indentured servants who were Catholics were bought in 
Virginia and were brought to St. Mary's through charity 
of the more zealous Roman Catholics. Several of the chief 
men were " formed to piety by spiritual exercise " and the 
attendance on the sacraments was large. Catechetical lec- 
tures and sermons were preached, the sick and dying were 
cared for. Father White brought in one Francisco, a 
mulatto, in 1635, and took up land for him as a servant.'" 
This is the first slave owned in the province and, though 
a few others are recorded as brought in, for example, negro 
Phillis in 1648,"' there were few negroes in Maryland before 
the beginning of the i8th century. In England, Balti- 
more was not idle. On December 22, 1635, he asked the 

"" 7 Md. Hist. Soc, Fund Pubs. 55 ff. 

"' 2 Bozman, 571. He speaks of this as " an incident apparently 
trivial ; but, being connected with an awful misfortune which the 
State of Maryland seems to be destined to experience at some future 
day, demands some novice." John Knowles, an assistant in the mis- 
sion, died of yellow fever Sept. 24, 1637. Thomas Gervase was 
temporal coadjutor till 1640; was he Thomas Copley? (7 Fund 
Pubs. 126). 

Thomas Copley arrived in the province on Aug. 8, 1637. He 
was a priest but engaged in business and conducted the secular 
affairs of the mission. According to his claims. White and Altham 
brought in 28 servants in 1634, who were entitled to 6000 acres, 
and he brought in 19 for whom and himself he claimed 4000 acres 
(Streeter, 9 Fund Pubs. 99; Neill, Founders, 92, 183). In Decem- 
ber, 1634, he petitioned the King of England, where he was tarry- 
ing in the settlement of his father's estate, asking that he may 
have a warrant of protection as a " recusant." He styles himself 
" alien born," and his petition is granted. His grandfather, Sir 
Thomas, fled to France, where he was knighted by the King during 
Queen Elizabeth's reign, and Copley was probably born in that 
kingdom. With him, in 1637, came to Maryland Father Ferdinand 
Pulton and lay brother Walter Morley. (18 Fund Pubs. 200 states 
that Copley took up 285,000 acres, 8000 of which was for the 
Jesuits, including the manors of St. Inigoes, 2000 acres; St. George's 
Island, 1000 acres ; town land near St. Mary's, 400 acres ; and Cedar 
Point Neck. Some of this land is still in possession of the Jesuit 
order.) 

"'3 Md. Arch. Coun. 40. 



419] The First Settlements. 67 

King to restore Harvey and bring the popular Virginian 
leaders to Europe. In March, 1637, he petitions that he 
be made Governor of Virginia with a salary of i20oo, and 
in May he requests that his interests be duly guarded, if a 
new Virginia Company be formed."' On August 8, 1636, 
he issued new conditions of plantation which continued 
until 1642. The rent was changed so that it could be paid 
not only in money, but also in wheat,'" and the grant to the 
first adventurers was confirmed, except that the amount 
given to the man bringing five men in 1633 was doubled 
and made 2000 acres. The same amount was granted to 
an adventurer, who brought in 10 men in 1634 and 1635. A 
grant of any multiple of icxDO acres is erected into a manor, 
to be called by such names as the grantee desires, and its 
privileges are defined, as the holding a court leet and a 
court baron. The quit-rents required by these conditions 
of plantation were exacted not only from the settlers in 
St. Mary's, but also from those of Kent Island in 1640, 
after the conquest.'" In addition to these plantation 
grants, CeciHus directed his brother to grant 10 acres in 
" the town and fields of St. Mary's," for the first adven- 
turers for every person they brought overland,"' and five 
acres to later adventurers for persons brought over be- 
fore August 30, 1638. 



'" 3 Md. Arch. Coun. 41-44. 

"*3 Md. Arch. Coun. 47, 99. 400 pounds of wheat for the man 
who brought in 5 men in 1633, 600 pounds for the man who brought 
in 10 men in 1634, or 1635, 10 pounds per 50 acres for lesser grants. 
Forms are sent over to be followed in such grants. 

"' 3 Md. Arch. Coun. 95. It was graciously decreed that the past 
rents should only be collected there when they had not been paid to 
Claiborne. 

^"3 Md. Arch. Coun. 48. Among the titles of the acts passed in 
1638, is one for " baronies." This has been interpreted as a step 
toward introducing the feudal system, but 2 Bozman, 67, 580, points 
out that barony in Ireland had the same meaning as hundred in 
England as an area of local government, and suggested that this 
may have been the meaning here. Kilty, Landholders Assistant, p. 
93, says no barony was erected in Maryland. 



68 Beginnings of Maryland. [420 

The Governor's New Commission 

A little later a new commission as Governor and the 
first one extant, was sent Leonard, and dated April, 1637. 
Under this commission, the province was governed for 
five years. He was made " Lieutenant-General, Admiral, 
Chief Captain, and Commander," and given " absolute 
authority above and in all matters of warfare, by sea and 
land, to execute and administer the same to the resistance 
of the enemy or suppression of mutinies and insolences." ^" 
These provisions suggest that Baltimore issued the new 
commission with special intent to have it used against the 
Kent Islanders and this idea is further conveyed by the 
command that all inhabitants in the province recognize 
Leonard as their ruler, under pain of such punishment, 
" as such a high contempt shall deserve." He is also made 
" Chancellor, Chief Justice and Chief Magistrate " and 
directed to appoint lesser judicial officers and to summon 
an assembly of the freemen or their deputies to be held at 
St. Mary's on January 25 next. At this assembly, Leonard 
Calvert is to state that Baltimore disassents to all laws 
hitherto made by them and to show the draft of " laws 
and ordinances for the good government " of Maryland, 
which should be sent from England by the Proprietary, 
with his assent to their enactment. If approved by the 
assembly, the laws may at once be proclaimed. Authority 
was also given the Governor to dissolve the assembly and 
summon and dissolve other ones, " to propound and pre- 
pare other wholesome laws " to be transmitted to Balti- 
more for approval."* It may take time to call an assem- 
bly and consult the freemen, and so in emergencies Calvert 
may issue " ordinances, edicts, and proclamations, with 
reasonable pains and penalties," not extending to taking 



'" 3 Md. Arch. Coun. 49 fif and 115. 

^^' This sefems to imply that Baltimore was less strenuous in his 
insistence on his right to the initiative, than has been generally 
supposed. 



431] The First Settlements. 69 

"life, members, freeholds, goods or chattels." Such ordi- 
nances, which should be in force until the Proprietary or 
Governor repeal them, do not seem to have been issued. 
The commission also authorizes Calvert to establish ports, 
markets and fairs, and to pardon, in whole or in part, penal- 
ties and forfeitures for all offences but high treason, to 
keep the great seal and affix it to public documents, and 
to make grants of land. As chief judge, he may determine 
criminal cases, as fully as the Proprietary, except that he 
may not deprive any one of life or limb. He should decide 
civil cases according to the laws of the province or the 
laws of England. To act as Council with the Governor, 
Jerome Hawley, Thomas Cornwallis, and John Lewger 
were appointed, and the last named was also made " Secre- 
tary and Keeper of the Acts and Proceedings of our Lieu- 
tenant and Council," and of the land records, as well as 
collector of rents and customs. Three of the Council, of 
whom the Governor must be one, are directed to sit on all 
cases involving life, member, or freehold. As it may hap- 
pen that the Governor may die or leave the province, he is 
authorized to name a successor in either event and, if in 
such case he fail to do so, the majority of the Council have 
the same power. The judicial organization of St. Mary's 
County was completed by the appointment, in January, 
1637-8, of James Baldridge as sheriff and of John Lewger 
as conservator or justice of the peace. He was also made 
" commissioner in causes testamentary " and probate 
judge."^ Lewger was an old college mate of Baltimore 
at Trinity College, Oxford, where he took the degree of 
Bachelor of Arts in 1619, at the age of 17, and that of 



'°°3 Md. Arch. Coun. 61, 73. He appointed Robert Perry, or 
Percy, deputy on April 17, 1638. 2 Bozman, 42, calls attention to 
the fact that Charles I's proclamation of April 30, 1637, against 
disorderly transplanting his majesty's subjects to the plantations 
within the parts of America would check the emigration of Roman 
Catholics as well as Puritans, as it insisted on conformity to the 
Church of England on the part of the emigrants, but adds that it 
seems only to have been enforced against Puritans. 



70 Beginnings of Maryland. [43.3 

Master of Arts in 1622. Studying divinity, he took the 
degree of Bachelor in that facuhy in 1632 and received a 
handsome benefice in the county of Essex. He was a 
friend of WilHam ChilHngworth, an Anghcan divine who 
had become a Roman CathoHc, but who, after careful study, 
returned to the Church of England in 1634. Lewger ^^"^ had 
engaged in a like careful study " to satisfy himself or to 
obtain arguments with which to draw back his friend from 
the way of error into which he believed he had fallen," 
but became himself a Roman Catholic and resigned his 
benefice. As he was married, he could not be a priest, 
and his old college friend, Cecil Calvert, took him into 
his household and sent him to Maryland, where he arrived 
on November 28, 1637, with his wife Ann, son John, and 
several servants.""'' To his care we owe it that more of the 
early records are not lost, for the books show that he pre- 
served memoranda of the most important matters in his 
precise handwriting. He seems to have been a consistent 
friend of the Proprietary during the years he was in the 
province. He returned to England before the summer 
of 1649"'" ^^^ then Hved a retired life until his death of 
the plague in 1665, which he caught while comforting and 
sustaining those who were falling before that dread disease. 

"°a He was born in London in 1602. The name is also spelled 
Lewgar in Chillingworth's works. See 9 Fund Pubs. 218; Neill, 
Terra Mariae, 68; Foanders, 72. His controversy with Chilling- 
worth was continued for some time in letters and formal disputa- 
tions. 

""b The names of 19 servants of Lewger's in Maryland are given, 
but two at least were not brought over by Lewger. One was of 
the Kentish Islanders, taken by Evelin and transferred by him to 
Lewger, and the other was brought in by Evelin (9 Fund Pubs. 224) . 
After his return to England, Lewger again became a member of 
Baltimore's family and is said to have written tracts supporting the 
royal cause and a religious work, trying to prove the invalidity of 
Protestant orders. His wife died just before his return to Eng- 
land. His son seems to have remained in Maryland (9 Fund 
Pubs. 274) and died 1669 (Neill, Founders, 72; L Baldwin's Md. 
Wills, 49). (Baltimore had in 1667 a chaplain, an English recusant, 
now a Romish priest, who was a vicegerent of the province in 
Charles the First's time. Who was he? Neill, Founders, 72.) 

"'•^ 9 Fund Pubs. 275. 



423] The First Settlements. 71 

A month after the commission to Leonard Calvert was 
issued, CeciHus obtained from the King a letter to the 
Commissioners for foreign plantations and all other royal 
officers, reciting the grants of Avalon and Maryland to 
the Lords Baltimore and the transportation of ample col- 
onies to each province/^" There is now danger that some 
patents may pass the seals infringing these grants and 
Charles strictly commands that any applications for grants 
of land near either province be delayed, until Baltimore 
receive notice. The King also declares that he will not 
issue any quo zvarranto or other writ for the overthrowing 
of the charters of Avalon or Maryland. 

Attempts to Subdue Kent Island 

The favorable disposition of the monarch, the determi- 
nation of Baltimore to press matters, the complaisance of 
Evelin, caused the Governor to take decisive steps. In 
November,""* Calvert wrote to the Kent Islanders, promis- 
ing to grant an amnesty for past ofifences, if they would 
desist from their opposition and submit to Baltimore, and 
saying that he would appoint, as their commander, whom- 
ever they would choose of the inhabitants of the island. 
John Butler, Claiborne's brother-in-law, and Thomas 
Smith persuaded them to refuse, and so Evelin received 
the Proprietary appointment, which had not previously 
been given him, owing to his unpopularity with the Island- 
ers. Calvert now took 20 musketeers from St. Mary's 
with Captain Cornwallis as their commander, and set sail 
towards Kent, intending to seize Butler and Smith, and 
reduce the rest into obedience. The weather was so foul 
on the Bay that, after remaining out a week, Calvert was 
forced to return unsuccessful.""*' The commission issued 

""3 Md. Arch. Coun. 55. 

'""aL. Calvert to Baltimore, 28 Fund Pubs. 182, April 25, 1638. _ 
'^1' Cornwallis (28 Fund Pubs. T69) seems not to have been in 
full harmony with Calvert and complains that Baltimore's service 
and the " pretended good " of Maryland would not permit him to 
go to England nor attend to his own affairs. 



72 Beginnings of Maryland. [434 

to Evelin "' as commander of Kent confirmed the title he had 
borne by the grace of Cloberry & Co. for the previous year 
and a half, authorized him to hold court, determining civil 
cases, " not exceeding in damages or demands " iio, and 
criminal cases, not extending to " life or member " and 
cognizable by Quarter Sessions in England. He should 
also appoint necessary subordinate officers, especially 6 or 
more '' able and sufficient men inhabitants of the island," 
with whom he should advise in all matters of importance. 
About this time, Evelin came to Kent Island with his 
commission and summoned the freemen and inhabitants to 
come to the fort. There he had the Maryland charter 
read, to which the Islanders did not consent, but John 
Butler demanded, " Are you an agent for Cloberry and 
Co. or for the Marylanders? " " For both," answered Eve- 
lin, " for whereas I lately spoke against the patent of Mary- 
land and said that Claiborne's commission was firm and 
good against it and that the Marylanders had nothing to 
do with the isle of Kent, now I am better informed, for I 
have seen the Governor of Maryland's patent. I was 
formerly mistaken and overseen, as I perceive now you 
are, but I now understand it better. "^ You should take 
heed what you do in opposing the Governor of Maryland, 
since it would be better to live under his government than 
that of Virginia. The Lord Baltimore has the patent and 
the island is his, and it would be more beneficial for you 
and better for the island to obey him, as you might carry 
your commodities and your tobacco and pipestaves into 
what country you would, which the Virginians can not. 
Claiborne's patent is of no effect, merely giving authority 
to trade in Nova Scotia and places near New England and 
not in the Bay of Virginia or Maryland. The Governor of 
Virginia has lately returned from England with absolute 

"^3 Md. Arch. Coun. 59. 

"^ 5 Md. Arch. Coun. 185, 196, 203, 209, 217. Zachary Motters- 
head read the patent. The depositions say this took place in 
November, but the commission was not then issued by Calvert. 



425] The First Settlements. 73 

authority from the King that Kent Island should be under 
Lord Baltimore and will assist the Governor of Maryland, 
if you will not yield up the island quietly, and I will not be 
the man that should withstand or deny it." Turning to one 
of his companions, he added, " Read my power of attorney 
from Cloberry and Murehead/'' Butler and the majority 
of the freemen here burst in with : " Capt. Evelin, what 
needs that? Nobody doth interrupt you in the merchant's 
business. You may do what you please, no man doubts 
your authority." To this Evelin made no reply, " nor 
could not justly so do," as one of the Islanders later testi- 
fied. 

No one protested against Evelin's peaceable enjoyment 
of the joint stock, save the minister's brave wife, Mrs. Ger- 
trude James, who claimed Claiborne's sixth, by virtue of a 
deed from him, but this claim was successfully denied by 
Evelin. 

On December 30, 1637, the same day that Evelin's com- 
mission was dated by Calvert, a cargo of goods was shipped 
for the isle of Kent upon the St. Thomas,"^ by Thomas 
Cornwallis, for himself and Jerome Hawley, both being 
councillors of the province. License was given Cornwallis 
to trade with the Indians and he paid one-tenth of the furs 
to the Proprietary for the privilege. Writs were issued to 
Evelin on this day to seize 11 planters on Kent Island and 
make them give security to answer suits brought against 
them by Cloberry & Co., and to levy on the cattle of four 
others, one of whom was Mrs. James, at the suit of the 
same firm."' A warrant was also issued for the arrest 
of Thomas Smith, John Butler and Edward Beckler for 



'*^ 5 Md. Arch. Coun. 185, 196 (Evelin also spoke to some of the 
people privately), 203 209, 218. 

"*3 Md. Arch. Coun. 57. Cloth and axes. The -venture seems 
not to have been very successful, as Cornwallis reported only 11 
other skins on March 30. and returned much of the truck. 

"'4 Md. Arch. Prov. Ct. 3, 4, 13, 29. Of course Evelin brought 
these suits. Wm. Cox, Robt. Philpott, Thomas Smith and Richard 
Thomson were among those against whom the suits were brought. 



74 Beginnings of Maryland. [426 

" sedition, piracy and murder." According to their state- 
ments, the islanders had Httle cause to love Evelin. In the 
preceding summer he had sent four hogsheads of meal to 
St. Mary's, when meal was very scarce.^"' Smith and James, 
friends of Claiborne, supplied the servants on the joint 
stock with corn, but Evelin brusquely said, " Get oysters 
and shift for yourselves, for I have no meat nor corn for 
you, nor can I tell where you can get it." "^ When they 
offered to take a boat and truck lying there and buy corn, 
he refused to permit them, but sold Calvert pieces of cloth 
for which corn might have been bartered. Various esti- 
mates place the value of the property lost by Cloberry 
& Co. through Evelin's conduct at iSooo or i 10,000."* 

The New Year and the Assembly 

In January, Leonard Calvert journeyed to Jamestow^n 
and there saw Richard Kemp, Secretary of that province, 
who was then much worried by rumors that Virginia would 
be given to a new trading company.'*** This grant he felt 
would give Baltimore also " all the opposition that malice 
can give." Calvert's visit seems to have been partly in 
order to confer as to measures to oppose this company and 
to procure cattle, hogs, hens, sheep, and negroes for the 
Proprietary plantation at St. Mary's, concerning which de- 
sire Baltimore had written Kemp on August 2. We 
have an interesting glimpse of the times in one of 
Kemp's excuses for not sending cattle before Christ- 
mas, that " in likelihood, before they could have been de- 
livered, they would all have perished for want of fodder, 
which is very rare in Virginia & I believe not yet known 
in Maryland." Calvert's visit was broken ofif by an " In- 
dian flam," that people had been killed by the aborigines 



""S Md. Arch. Coun. 186, 191. 

'°' 5 Md. Arch. Conn. 186, 191, 210, 218. 

"■'^S Md. Arch. Coun. 189, 219, 237. 

■•"a 28 Fund Pubs. 149. Kemp to Baltimore. 



427] The First Settlements. 75 

in Maryland, which caused him to hasten back.""'' Kemp, 
it may be added, was in regular communication with Balti- 
more to frustrate this plan for a Virginia company, and 
wrote in the next month,"'"^ inclosing " material writings 
extracted out of the records, affirming the slavery endured 
by the people there under the tyranny of the Company." 

The time approached for the meeting of the General 
Assembly " of all the freemen," and, on the same day that 
Evelin received his commission, he was summoned to 
make his " personal repair to the Fort of St. Mary's on 
January 25, then and there to consult and advise of the 
affairs of this Province." "" He should also proclaim the 
Assembly on Kent Island, within six days of receiving the 
summons, and " endeavor to persuade such and so many 
of the said freemen, as you shall think fit, to attend and 
to give free power and liberty to all the rest of the said 
freemen, either to be present at the said assembly, if they 
so please;" or otherwise to choose as many burgesses as 
as they wish. These should bring record of the vote with 
them. It is unknown what election was held on Kent 
Island, but, on the appointed day, Evelin came and with 
him Mr. Robert Philpott,"" who exhibited his proxy for 
the freemen. He is already called " one of the Council of 
the Isle of Kent," but his commission from Calvert is 
dated on February 9. The others present at the opening 
of this second General Assembly of Maryland were all 
from St. Mary's. Cornwallis, Robert Wintour, and Lew- 
ger were present as Councillors and sat with the other 
freemen, the Governor, or Lieutenant-General, presiding 



"'b23 Fund Pubs. 156. '"c 28 Fund Pubs. 155. 

^"^ The record says the summons was issued Jan. 30 ; this must 
mean Dec. 30. I Md. Arch. Ass. i. The writ of summons for 
St. Mary's is not extant but it summoned freemen by name appar- 
ently. I Md. Arch. Ass. 4; 9 Fund Pubs.; Streeter's First As- 
sembly. 

"" One of those whose cattle were attached, supra. Cox's cattle 
were also attached. 28 Fund Pubs. 193, Calvert says Philpott was 
one of the first that came in and deserves well. 



76 Beginnings of Maryland. [428 

over the whole. During the sessions of this Assembly, 
64 different persons were present and 26 more freemen 
are mentioned, who did not appear. At some time pre- 
vious to this, the country had been divided into hundreds, 
each with its high constable,"' and there seems to have 
been three such divisions at this time, St. Mary's, Matta- 
panient and St. George's. Representatives of all these 
were present and of the 29 men who appeared at the 
opening of the Assembly on the first day,'" 12 are described 
as gentlemen, 13 as planters, 2 as ofificers of the law, 
and I as a carpenter. Counting proxies, 31 freemen were 
present from St. Mary's, while two came later; 8 from 
Mattapanient, and 15 from St. George's, while one came 
later. A number are mentioned during the session without 
naming their hundreds. Proxies, however, paid no regard to 
hundred lines, but one man might hold proxies from all 
three hundreds. The daily attendance "^ fluctuated from 30 
to 10. Thirty proxies were shown on the first day and 
seven men are recorded as absent without proxies. Calvert 
held 5 proxies, the largest number from the Western 
Shore. Men who were absent without proxies and those 
who were tardy were liable to " amercement," though 
excuses were often allowed. A curious instance of this is 
the case of the three Jesuits, Copley, White and Altham; 
on the first day they sent a proxy and pleaded sickness, 
and on the second day they were excused from " giving 

"^ On March 31, Robert Wintour was made justice of the peace 
for St. George's and authorized to appoint his constable. 3 Md. 
Arch. Coun. 71. Robert Vaughan was made high constable of St. 
George's hundred when it was erected on the west side of St. 
George's River, on Jan. 5, 1637-8. In addition to ordinary constab- 
ulary duties he must see to it that no arms come into the Indians' 
hands. Mattapanient is also known as Mattapany. 

"' A 30th man, a carpenter, came later, i Md. Arch. Ass. 2-3. 
Streeter, 9 Fund Pubs, gives brief biographies of all the members 
of this assembly. 

"" I Md. Arch. Ass. 2. Of those absent all were planters save 
the Jesuits, a carpenter, a cooper, and a brickmaker. The latter is 
a proof that bricks were early made in the province. We must 
remember that indented servants, doubtless the majority of the 
inhabitants, were not summoned. 



429] The First Settlements. 77 

voices in this Assembly." "' Others were excused for ab- 
sence from the province or because they could not cross 
St. George's River. We also find men who came to the 
Assembly, claimed a voice as freemen and satisfied with 
this privilege, at once gave a proxy and left the house."' 
A proxy could be revoked at any time by the presence 
of the man giving it."" So on the second day, 
John Langford, of the Isle of Kent, high constable for 
that island, so appointed at some unknown date, " who 
had given a voice in the choice of Robert Philpott '"" as 
Burgess came and " desired to revoke his voice and be 
personally present in the Assembly " and was admitted. 
On the next day, Edmund Parry, planter, of Kent Island, 
did the same, but no other Eastern Shore representative 
appeared until after the reduction of the island. 

On the first day, rules of procedure were adopted that 
the Governor should preserve order under pain of fine 
or imprisonment"' as the house shall judge, that lo should 
be a quorum, and that sessions should begin at 8 a. m. and 
2 p. m. Motions must be reduced to writing and read 
by the Secretary. No one should rise to speak till the 
last speaker has sat down, nor should a man speak more 
than once at one reading of a bill, nor " refute the speech 
of any other with any uncivil or contentious terms, nor 
shall name him but by some circumlocution." The speaker 
must stand uncovered, and address the Governor, who shall 
determine who has the floor, if two rise at once."' On 
Friday, the second day of the session, the draft of laws 
transmitted by the Lord Proprietor was read through and 

"' I Md. Arch. Ass. 5, 7. "° i Md. Arch. Ass. 6. 

"^ So might a proxy be transferred from one who formerly held 
it, but was now absent, to another, i Md. Arch. Ass. 4-1 1. 

'" I Md. Arch. Ass. 6-8. The confusion of dates is inextricable 
here, the election for burgesses in Kent was not held until February 
according to L. Calvert. 28 Fund Pubs. 185. Three burgesses, at 
least were elected from Kent Island. 

"'There was no prison, i Md. Arch Ass. 4. 

"* Amercements were made in tobacco, already the colonial cur- 
rency. I Md. Arch. Ass. 6-7. 



78 Beginnings of Maryland. [430 

the laws were severally debated. On the following Mon- 
day morning, it was proposed whether the laws formerly 
read should be read again or put to the vote at once. 
Cornwallis, who was not in full harmony with the Gover- 
nor, with five others, casting in all i8 votes,"" favored delay 
to a " more frequent house," while Calvert and six others, 
casting 33 votes, decided for an immediate vote.'" When 
however, the question of the adoption of the laws was put, 
only Calvert and Lewger, casting 14 votes, were in the 
affirmative, and the other nine men cast their 37 votes in the 
negative. It was then asked, " By what laws shall the 
Province be governed," and some said, " We might do 
well to agree upon some laws till we can hear from Eng- 
land again." " We have no such power," Calvert main- 
tained, " Then we must use the laws of England," as- 
serted Cornwallis. " I acknowledge," Calvert returned 
" that my commission gives me power in civil cases to pro- 
ceed by their laws and so in criminal cases likewise not 
extending to life or member, but in those latter I am 
limited to the laws of the Province. By the refusal to pass 
these laws, therefore, there can be no punishment inflicted 
on any enormous offenders." The Governor's commission 
was then produced and read and found to sustain Calvert's 
position. Cornwallis and his followers answered, never- 
theless, " Such enormous offences could hardly be com- 
mitted without mutiny and then could be punished by 
martial law." An adjournment for the midday meal put 
an end to the discussion, and when the Assembly came 
together in the afternoon, Calvert seems to have yielded, 
so that when some one proposed that they " consider of 



"" I Md. Arch. Ass. 8. Cornwallis 4 votes, H. Fleet 5 votes, R. 
Vaughan 4 votes, E. Fleet 2 votes, E. Parrie i vote (16 votes, yet 
the Proceedings give the total as 18). 

"' The records call Calvert the president. Wintour, the third mem- 
ber of the Council, was ill. i Md. Arch. Ass. 9. L. Calvert 8 votes, 
Evelin 6 votes, Lewger 6 votes, Greene i vote, Snow 4 votes, Rabnett 
8 votes, Baldridge 2 votes (35 votes, yet the Proceedings make the 
total 33). 



431] The First Settlements. 79 

some laws to be sent to the Lord Proprietor," the Gover- 
nor advised that a committee be chosen " to prepare the 
draft of them and then the house might meet for confirming 
of them and in the meantime every one might follow their 
other occasions.'"" This suggestion was approved, and 
it was determined to choose a committee of five. Of the 
i6 present, nine were nominated as well as Captain Win- 
tour who was absent, and those elected were Calvert, 
Cornwallis, Wintour, Evelin and Justinian Snow."" 

The Assembly had decided on that morning that, after 
the writs were issued for summoning the Assembly, no 
man having a right to repair to the Assembly, whether 
present at its deliberation or represented by a proxy, might 
be arrested until a convenient time for his return home 
had passed after the dissolution of the Assembly. This 
privilege of Parliament would be awkward during the 
recess, especially as a court was to be held on February 3, 
and so was suspended until after that date."* 

While the committee is deliberating, the first recorded 
inquest in the province takes place on January 31, on 
the body of John Bryant, of Mattapanient, planter, on 
whom a tree fell, crushing him beneath it. The coroner's 
jury declared the tree forfeited to the Proprietary as a 
deodand.'*' 

On the appointed day the Assembly again met "" and the 
committee reported that they recommended that the Pro- 

"- I Md. Arch. Ass. to. The matter of proxies is perplexing, 
especially as to the Kent Islanders. Evidently these were not voted 
by any of the representatives on this day. Copley maintained that 
his overseer, Lewis, had more proxies than any one else. This is 
incorrect. 28 Fund Pubs. 158. 

"' Apparently Cornwallis has the unanimous vote 54, Evelin 48, 
Wintour 45, Calvert only 38, and Snow 31. Lewger with 22 was 
defeated, as were Greene 17, Jas. Baldridge 8, Henry Fleet 8, and 
Clerke 7. Wintour was authorized to name another in his stead, if 
his sickness prevented his serving. 

^^* I Md. Arch. Ass. 8-10. No record of this court is found. 

''= 4 Md. Arch. Prov. Ct. g. 

"' I Md. Arch. Aso. 11. Quite a good number attended, 30 in all. 
They voted to have three readings of bills on three successive days. 



80 Beginnings of Maryland. [432 

prietary's draft of laws be read and voted on again, as 
there had been much misunderstanding about them among 
the freemen. This recommendation was adopted by a 
vote of 48 to 21. Then the Proprietary's draft and 20 
bills prepared by the committee were read and the house 
determined by a vote of 37 to 31 to have these laws voted 
on separately. Shortly after the afternoon session began, 
the Governor declared, " I thought it fitting to adjourn 
the house for a longer time, till the laws which they would 
propound to the Lord Proprietor were made ready, which 
some would take a care of and in the meantime the com- 
pany might attend to their other businesses." '" Probably 
a disinclination to the rejection of his brother's laws and a 
desire to push on the expedition for the reduction of 
Kent Island impelled him to this. Cornwallis, who seems 
to have been rather indisposed to attack the islanders, 
answered, " We could not spend our time in any business 
better than this for the country's good," and another 
planter added, " Why should the assembly be adjourned. 
We are willing to leave our other business to attend to 
it." Calvert, however, resolutely replied, " I will be ac- 
countable to no man for my adjourning of the Assembly." "' 

Before the adjournment, however, Cornwallis secured 
the election of himself, Evelin and Calvert as a committee 
of three to go on with the laws.^'" 

Calvert prorogued the Assembly "" until the 26th of Feb- 
ruary, that he might have time for his expedition to Kent 



" ^" I Md. Arch. Ass. 12. 

"'Privilege of parliament was again suspended (i Md. Arch. Ass. 
12, 13, 14) at each prorogation. 2 Bozman, 52, has a long discussion 
as to thef " warrants " from which this privilege exempted the free- 
men and concludes that the word was confined to civil process, and 
points out that a similar exemption from arrest for debt was allowed 
in Virginia and that in England no privilege availed against arrest 
for treason, felony or breach of the peace, though he admits that 
warrants usually refer to criminal process. 

"* Of the 62 votes cast, Cornwallis had 56, Calvert 46, Evelin 44, 
Lewger polled 31, Snow 5, Fleet 4. 

"^ I Md. Arch. Ass. 13 ; 3 Arch. Coun. 64. 



433] The First Settlements. 81 

Island and appointed Lcwger as a temporary president, in 
case he had not returned by that time. On the 26th, 
Lewger called the Assembly "' together and prorogued it 
until March 5/" when it was again prorogued by him until 
March 13. On February 17, Calvert granted Thomas 
Games a license to trade with Dutch or Indians, while 
another man, Robert Gierke, who was employed by Gop- 
ley, one of the Jesuits, received a license ""' to trade with 
the Indians of the province for the benefit of his master, 
paying the usual tenth to the Proprietary. 

The Gonquest of Kent Island 

On February 17,'" the names of Galvert, Hawley and 
Lewger "' are signed to a proclamation, stating that the 
inhabitants of the Isle of Kent have committed " many 
piracies, mutinies, and contempts," and especially dis- 
obeyed warrants sent for arrest of alleged malefactors and 
debtors "° and even rescued by open force some who had 
been taken prisoners. Worst of all they are conspirmg 
with the Susquehannocks and other Indians against the 
province. The Governor now intends to sail with 
Gornwallis and a number of well armed freemen to reduce 
the inhabitants by martial law, and put to death any who 
obstinately refuse to submit. A court was also held 



"' Wintour was present and ten very undistinguished men. i Md. 
Arch. Ass. 13. 

"' On March 5, Lewger, Greene, Jas. Baldridge and eight others, 
were present. 

"' This man, Robert Gierke, was not an indentured servant, for he 
sat in the assembly. 3 Md. Arch. Goun. 63; 4 Md. Arch. Prov. Ct. 
34. A similar grant was made to Gapt. Fleet on Feb. 28, and to 
Hawley on July 9. 3 Md. Arch. Goun. 67, 73 to 78. Games 
received a similar license in 1640. 

"* 3 Md. Arch. Goun. 63, 91. 

"" Query. Was Hawley really present to sign it? He never ap- 
pears in the legislature and may have been in Virginia. 28 Fund 
Pubs. 183. 

"° On Feb. 9, a writ against 3 Kentishmen for debt v^as issued 
to the sheriflF at the suit of Globerry & Go., i. e. through Evelin. 
4 Md. Arch. Prov. Gt. 13. 
29 



82 Beginnings of Maryland. [434 

on that day "' before Calvert, Wintour, and Lewger, 
at which the sheriff returned 24 freemen as the grand 
inquest, and six witnesses testified."" As the result the 
grand jury returned true bills against Claiborne for 
instigating Lt. Warren to make the attack on Cornwallis's 
vessel in which attack Ashmore was killed. Shortly after 
this, Calvert started for the Eastern Shore."' Evelin seems 
to have been heartily with Calvert and went on this expe- 
dition, in which 30 choice musketeers were engaged, and is 
said to have encouraged men to go to Kent, by saying that 
the pillage would be worth more than the loss of their time 
and even to have paid one for his share of the plunder.""" 

The sheriff of Kent was directed by several writs to 
seize the pipestaves and other goods and chattels belong- 
ing to Claiborne or to Cloberry and Murehead on Kent 
Island, inasmuch as " they "' have jointly usurped our said 
Isle " and defended it against our just title and trade with 
the Indians contrary to our " royal right," and committed 
waste upon our land felling " divers of our best timber for 
making pipe staves." ^°* 

The expedition arrived at Kent Island "" a little before 
sunrise. Going to " Claiborne's house, seated within a 
small fort of palisadoes, one of the party, who knew the 
place, found entrance & unbarred the gate towards the 



"'3 Md. Arch. Coun. 64; 4 Md. Arch. Prov. Ct. 14, 21; 5 Md. 
Arch. Coun. 169. 

^"^ Cornwallis, Fenwick, Cotton, E: Fleete, Newill, and Lewis. 

"° The records show that Cornwallis and Calvert were at St. 
Mary's on Feb. 25 and 26. Could they have waited until then? 
Yet neither were in the assembly on the latter day. 4 Md. Arch. 
Prov. Ct. 15. 

'°' 5 Md. Arch. Coun. 238. 

"'5 Md. Arch. Coun. 170 to 173; 3 Md. Arch. Coun. 70. They 
werei summoned to appear at St. Mary's County Court before Feb. 
I, 1639. 

"^ The illicit Indian trade was one of Calvert's ohief troubles. 
Virginians who had carried on this trade freely for over 20 years 
were not willing to give it up and William Brainthwait was com- 
missioned to seize any vessels trading with the Indians without 
license and any furs, etc., so traded. 3 Md. Arch. Coun. 62. 

^"'S Md. Arch. Coun. 186, 191, 209, 218. 



435] The First Settlements. 83 

sea, by which the St. Mary's men arrived within the 
fort, without being noticed." Butler and Smith were not 
there, but at their plantations, and all persons in the fort 
were brought to Calvert, to prevent them giving untimely 
notice of the arrival of the expedition. Taking their pris- 
oners with him, Calvert marched some five miles to Butler's 
dwelling, called the " Great Thicket," and sent his pin- 
nace to Craford. About half a mile from the dwelling, 
he halted and sent the ensign, Robert Clerke, with ten 
musketeers, to tell Butler of his arrival and command 
him to come at once to Craford, two miles away. Clerke 
returned with Butler, before Calvert moved, and then 
Sergeant Robert Vaughan, with six musketeers, was sent 
to Thomas Smith's house, called Beaver Neck, on the 
opposite side of the creek from Butler's. Calvert then 
marched forward with Baltimore's " ensign displayed," ""* 
to Craford, whither Vaughan brought Smith. Placing 
these two prisoners on the pinnace, Calvert proclaimed a 
general pardon for all other inhabitants on the islanu, if 
they should submit within four and twenty hours. " The 
whole Island came in," and Calvert received their submis- 
sion, assuring them that Baltimore would always be ready 
" upon their deserts to condescend to any thing for their 
goods." 

Butler, Smith and most of the soldiers were sent away 
to St. Mary's, that the sherifif might keep the prisoners 
in custody there. While awaiting the pinnace's return, 
Calvert held court and heard " diverse causes between the 
inhabitants." After this, he assembled them to choose 
their burgesses for the General Assembly, told the island- 
ers that they must receive patents from the Proprie- 
tary for their lands and promised to come over again in 
the summer with Lewger to survey and lay out the lands. 



'°* This account is taken from L. Calvert's letter to Baltimore, 
dated April 25, 1638, and here is the first mention of Maryland's 
flag. 28 Fund Pubs. 183 ff. 



84 Beginnings of Maryland. [436 

Calvert estimated that there were 120 men able to bear 
arms, besides women and children on the island/"' 

He commissioned"''' Philpott, William Coxe and Thomas 
Allen, conservators of the peace on the island, authorizing 
them to hold courts leet, Philpott and at least one other 
being present, and to determine civil causes not ex- 
ceeding in damages or demands 12 hundredweight of to- 
bacco, and criminal cases not extending to the loss of life 
or member. In greater cases Philpott was authorized to 
issue warrants of arrest of person or attachment of goods 
to John Langford, ""^ who was appointed sherifif at the same 
time, and the case was then to be brought before the court 
at St. Mary's. 

It seems that a second expedition with some 50 men 
was made some time later, as a result of which two voy- 
ages all the estate of Cloberry & Co. was confiscated 
and the indentured servants carried away. Claiborne's 
own property was also confiscated, consisting of tobacco,^'* 
nearly 200 cattle, 16 indentured servants, tools and other 
goods, whose value was estimated by one observer as 
£7000 at least. Richard Ingle, of whom we shall hear 
more, now appeared on the scene, contracted with Leonard 
Calvert to transport the confiscated pipestaves to Eng- 
land, and took from the island 40,000 staves in the 
Richard and Anne, for which suit was afterwards brought 
by Cloberry and his associates.'" 



/'"' Cornwallis said the expedition was much easier than had been 
anticipated. 28 Fund Pubs. 170. 

■"°a-3 Md. Arch. Coun. 62. The commissions were dated Feb. 9. 

''^'^ On the 8th, Langford was appointed administrator of a 
Kentish intestate. 4 Md. Arch. Prov. Ct. 12. 

John Langford was Lord Baltimore's agent, who took to Wind- 
sor, on April 23, 1633, the first annual payment of two Indian arrows, 
on which tenure the Province of Maryland was held. He published 
a " Just and clear Refutation of Babylon's Fall " in 1655. 28 Fund 
Pubs. 54. 

""' They alleged there were 70,000 lbs. tobacco. 

"" See records of Admiralty Court Misc. Books, 281-21. Ingle was 
36 years old in 1645. By agreement, before going to Kent, with 
Lewger, who apparently acted as Baltimore's agent, Calvert had the 



437] The First Settlements. 85 

Early in March, Calvert sent Robert Vaughan, William. 
Brainthwait and several others, taking'"* with them two 
small pieces of ordnance out of the Kent Island fort, to 
reduce still another trading post of Claiborne's, situated 
on Palmer's Island. This island lies at the mouth of the 
Susquehanna, was later known as Watson's Island and is 
now crossed by the Baltimore and Ohio Railroad. It first 
belonged to Edward Palmer, of Leamington, Gloucester- 
shire, England, who died about 1625, and at his death he 
left the land to his descendants, and in the event of their 
extinction, to found a university called Academia Virgini- 
ensis et Oxoniensis. The contingent bequest was never 
made efifective. 

By grant from the King of the Susquehannoughs, Clai- 
borne claimed title to Palmer's Island,"" and in the spring 
of 1637 sent William Jeanes, one of his servants, to estab- 
lish a settlement there, believing it above the 40 degrees 
parallel. Thither came Calvert in June, " displanted " the 
fort and houses and carried away the men, cattle and 
hogs'^" to St. Mary's, thus damaging Claiborne to the 
amount of iiooo, as it was claimed. The inventory of 
articles seized shows a trading house well supplied for 
Indian wants and four indentured servants. Five or six 
little books and a " great book of Mr. Perkins " were also 
seized. 

Proceedings Against Smith and Claiborne 

Before this last confiscation, however, the Assembly was 
reconvened"^ on March 12 and read the 20 bills for the 

confiscated windmill, housing, garden and goods, and the pipestaves 
at 40S. a thousand, and should defray all the charges of the expedi- 
tion, and Baltimore should have the cattle. 28 Fund Pubs. 198. 

'"^ Robert Vaughan, Renauld and Edward Fleet were of the party. 
They returned before March 12. 

*" 5 Md. Arch. Coun. 188, 219, 231, 23.4. 28 Fund Pubs. 183. L. 
Calvert thinks Smith was prime mover in settling Palmer's Island. 

■"8 cows, 60 hogs. 5 Md. Arch. Coun. 172; 3 Arch. Coun. 76; 
28 Fund Pubs. 187. 

"" I Md. Arch. Ass. 14. 



86 Beginnings of Maryland. [438 

second time. The next day, 14 bills, whose titles are given 
in the records, were read for the first time."^ They had a 
second reading on the 14th and three others were read for 
the first time. We discover that the freemen were firm 
that no custom of permitting " the resting of servants on 
Saturdays in the afternoon " was to be allowed.''''* Four 
more bills were later introduced by title and Bacon's Laws 
note the titles of 42, which were passed on their third read- 
ing and signed by the Governor and members before the 
session was dissolved.'" Only one of these is extant,""* 
the act for the attainder of Claiborne, which recites that 
he has been indicted by the grand jury for instigating 
Warren's acts, but being out of the province, he cannot 
be tried " by any ordinary course of justice," consequently 
the freemen attaint him of piracy and murder and decree 
that he forfeit all his property to the Lord Proprietary. 
We see proof that the Assembly claimed powers of a 
court of law by fining one man for striking another."' The 
proof of this, however, is the action of. the Assembly on 
March 14, when 22 freemen sat.'"* We may imagine a 
clustering crowd of servants about the door when Thomas 
Smith was called to the bar to answer to an indictment for 
piracy ."°*- The charge was based on his seizing, near Palm- 



"'' I Md. Arch. Ass. 23. 

"'a 2 Bozman, 66, says " that notwithstanding this declaration of 
the legislature the custom has to some measure, even with slaves, 
prevailed throughout the Province." 

"'Two more Kent Islanders, one of whom was Edward Beckler, 
afterwards executed for sedition on account of the Kent Island 
troubles, and both of whom are called " burgesses," came in before 
the session closed on March 24. On iptli, 2 men made Cornwallis 
their proxy and were denied, i Md. Arch. Ass. 22. 

"'a I Md. Arch. Ass. 23. 

''* I Md. Arch. Ass. 19, 21. 

"' 3 coming in after the trial begun did not vote, i Md. Arch. 
Ass. 16. Of the 18, 6 had been the witnesses (all there were) be- 
fore the grand jury, and 7 were members of that body. The one 
negative vote came from a member of the grand jury. Of the three 
late ones, one had been on the jury. 

='''a We do not know under what law he was convicted but the 
Assembly passed a bill confirming the sentence. 



439] The First Settlements. 87 

er's Island, in 1635, a pinnace from St. Mary's and taking 
it and its cargo of truck to Kent Island, whither he also 
carried as prisoners the men on board, John Tompkins 
and Robert Vaughan/"'' Lewger acted as attorney for 
the province and produced two depositions. Smith pleaded 
not guilty, and said he could challenge none in the house 
that were to pass upon him. Vote was then taken and 
but one voice was for acquittal, while 18 answered guilty; 
Calvert then pronounced sentence of death by hanging 
and decreed that Smith's goods should be forfeited, save 
that his wife should have her dower. Smith now demanded 
benefit of clergy, but Calvert sternly answered there is no 
such privilege to one accused of piracy and benefit of clergy 
may not be demanded after judgment. Smith petitioned 
Baltimore for pardon, but doubtless the Proprietor left 
him to Leonard Calvert, as the latter wished, to do as 
he found Smith to deserve.'"^ We do not know when this 
sentence was carried into execution, but there seems to 
be no doubt that Smith and another Kent Islander, Edward 
Beckler, were put to death as " rebels." Cornwallis and 
six others now left the room and Lewger asks the other 
16 to inquire into the deaths which occurred in the struggle 
on the Pocomoke. After hearing four witnesses the As- 
sembly exonerated Cornwallis and his party as firing in 
self-defence and decided that Ratcliffe Warren and his 
party were " felons, pirates & murderers." ^** 

Butler, rather strangely, was not tried.""^ Calvert hoped, 
by " showing favour unto him, to make him a good mem- 
ber," and took him from the sherifif's custody into his owti 
house. If he should show " a good inclination " to Balti- 
more's service, Calvert hoped to make him commander of 
Kent, for Philpott, Allen and Coxe were " very unable " for 



='5b 28 Funds Pubs. 187. 

'"= 28 Fund Pubs. i87._ Op. cit. 171. Cornwallis asked for his 
pardon, out of mere charity towards his poor wife and children. 
■" r Md. Arch. Ass. 17. 
■'"^ 28 Fund Pubs. 186. 



88 Beginnings of Maryland. [440 

the charge, nor were better to be found on the island. If 
Butler continued stubborn in opposition, he should yet 
be punished. He seems to have become somewhat re- 
conciled to the Proprietary Government, for, on May 27, 
Calvert commissions him Captain of the Kent Island 
militia and second only to the commander of the island.''"'' 
So ended the session of the Assembly and so was Kent 
Island reduced to Calvert's control. Evelin ""*= remained in 
the province only a few weeks, during which time his name 
frequently appears on the records. On May 30, he con- 
veyed to his brother Robert three servants in satisfaction 
of a debt owed the latter by Cloberry & Co. He also 
conveyed to Robert Evelin his plantation of Piney Point, 
containing" 300 acres, and 50 acres more he lately bought 
from John Richardson. He returned in the next year for 
a short space and then vanished from the history of the 
province, having resided there only about one and one- 
half years, but having played a most important part in 
the extension of the Proprietary's authority over the East- 
ern Shore. 

Claiborne's Petition in England 

In the early part of 1638, Claiborne suffered an even 
greater loss in England. On February 26,"" he filed a 
petition, for himself and partners, asking the King for a 
speedy examination of his wrongs, and for a confirmation, 
under the great seal, of the grant of Kent Island, to send 
with a ship, which was now ready to depart. He 
recited his misfortunes at Baltimore's hands down to the 
expedition in November and offered to pay £50 per annum 
for Kent Island and the same sum " for the plantation in 



""»' 3 Md. Arch. Coun. 75. 

'"<=4 Md. Arch. Prov. Ct. 34. He calls himself of Evclinton in 
St. Mary's Co. The debt was for 1400 lbs. of tobacco and 52 lbs. 
beaver. His son had remained in the province for some years, 
and married Obedience Robins. His daughter, Rebecca, married 
Hon. Daniel Parke. Brown Genesis 888. 28 Fund Pubs. 204. 

"' 3 Md. Arch. Coun. 67. 



441] The First Settlements. 89 

the Susquehannoughs country," to have 12 leagues of land 
on each side from the mouth of the Susquehanna River, 
southward down the Chesapeake to the sea and northward 
to the head of the river and the Grand Lake of Canada. 
We can well see that this patent would have ruined Balti- 
more's patent, but the vague phrasing of the request was, 
doubtless, meant to confuse the royal authorities, with 
their meagre geographical knowledge. The application 
seems to have met with favorable consideration and is re- 
ferred to the first council day after Easter. Baltimore 
at once answered Claiborne's petition and asked that the 
order of July 3, 1633, be confirmed, leaving Baltimore " to 
the right of his patent and the other party to the course 
of law." "' As to the injuries alleged by Claiborne to have 
been done him in Maryland, let these be examined into 
in America by the Governor and Council of Virginia. On 
April 4, the Lords Commissioners for Plantations met,^" 
a distinguished body of 1 1 men, presided over by the Arch- 
bishop of Canterbury. Claiborne and Baltimore with their 
counsel were also present, and the commissioners decided 
that Claiborne's license, under the Scotch signet only, was 
a license to trade with the Indians, where " the sole trade 
had not been formerly granted by his majesty to any 
other " and gave no title to plant or trade with Indians 
in Kent Island, or any other place within Baltimore's 
patent. No plantation or trade with Indians ought to be 
within those limits without Baltimore's license and no 
grant of any place within those limits should be made 
by the King to any one. As to the violences and wrongs 
of which Claiborne complains, the commissioners found 
no cause at all to relieve them, but left " both to the ordi- 
nary course of justice." So thorough a defeat, followed 
by news of the final reduction of Kent and Palmer's 

'" 3 Md. Arch. Coun. 68. 

"° 3 Md. Arch. Coun. 71. An interesting draft of a petition by 
Baltimore to the Lords, published 28 Fund Pubs. 221, may well 
date from this time. 



90 Beginnings of Maryland. [443 

Islands did not discourage Claiborne; but, on June 28, 
he wrote to Sir Edward Coke/"" imploring his assistance 
and stating that the Earl of Stirling would join in any peti- 
tion to the King. This petition resulted in a letter, under 
the royal signet, on July 14, from the King to Baltimore, 
stating that complaints from Cloberry and Murehead have 
come to him of the violation by Baltimore's agents of the 
royal orders concerning " Kentish Island " and the trade 
and plantation there. The King now refers the matter to 
the Commissioners for Plantations and enjoins Baltimore 
to permit the Kentishmen to be safe in their persons and 
goods, till the matter be decided. The island had been 
reduced nearly six months before this date, and no atten- 
tion seems to have been paid in Maryland to the letter, 
but its issue showed clearly Claiborne's indomitable spirit. 

The Claims of Cornwallis and the Jesuits. 

In May or June, Lord Baltimore received three import- 
ant letters from his province. One from the Governor,'" 
told of the reduction of Kent Island, complained thst 
Hawley did not seem sufficiently loyal, and spoke of pro- 
curing for the Proprietary various products of the country, 
which the latter desired.''"' He tells his brother that Mr. 
Lewger is a " very serviceable & diligent man in his 
secretary's place in Maryland and a very faithful and able 
assistant to me," "" and that he will shortly adjust all ac- 
counts with Lewger as Baltimore's agent. The Assembly 
refused to pass the body of laws sent over by Lewger, in 
spite of Calvert's efforts, but he thinks that the laws passed 
" will appear to you to provide for your honor & profit, 
as much as those you sent us did," Calvert has had no 



^''" 3 Md. Arch. Coun. 77. Coke had been present on April 4. 

"' 28 Fund Pubs. 183. 

"^ He speaks of relations with the Indians as being most friendly. 
28 Fund Pubs. 192. 

■"28 Fund Pubs. 179. Cornwallis speaks not quite so favorably 
of him. 



443] The First Settlements. 91 

time and little trust in Hawley's ability to induce the Vir- 
ginia Legislature to pass a bill for the " securing of your 
right in the trade within your precincts." The letter was 
written from Virginia, where Calvert was for a short time, 
having left Lewger as Governor at St. Mary's."* A second 
visit to Virginia in June, when Cornwallis was left as 
Governor,"^ seems to have produced no greater result, but 
after word came of the decree of the Commissioners of 
Plantations, the Governor and Council of Virginia issued 
a proclamation, dated October 4, forbidding any inhabi- 
tant of Virginia to " use, exercise or entertain any trade 
or commerce for any kind of commodity whatsoever with 
any of the Indians or salvages " in Maryland, or, indeed, 
to " resort " unto their " habitations, without Hcense " 
from Lord Baltimore."" 

This matter of Indian trade was most important. The 
Assembly left it entirely to the Proprietary,'" and Calvert 
exhorts his brother to let Cornwallis have " 3 twenty pound 
shares in it yearly, so long as he is a member of your Col- 
ony," to give " him encouragement for the many services 
he has done you." "' There is danger of spoiling the trade 
by letting too many be sharers in it and Calvert entreats 
his brother to let no one but himself and Cornwallis join 
with the Proprietary therein. Baltimore granted this peti- 
tion,"* Cornwallis writes, asking the same favor,"'" which 
Calvert recommended for him. Baltimore knew he " came 
not hither to plant tobacco," and, if he can obtain only 

^"Lewger's commission is dated April i (3 Md. Arch. Coun. 71). 
The letter is dated from Virginia, April 25. 

"' Commission dated May 27 (3 Md. Arch. Coun. 74). 

-"3 Md. Arch. Coun. 80. 

"" Cornwallis saj'S the law as to trade will give him power to 
ratify conditions with the first adventurers (28 Fund Pubs. 173). 

''"Calvert (28 Fund Pubs. 190) writes with magnaminity, "though 
it hath been his fortune and mine to have some differences formerly, 
yet, in many things I have had his faithful assistance for your ser- 
vice &, in nothing more, than in the expedition to Kent this last 
winter." Cornwallis commanded the soldiers in that expedition. 

^■^ 28 Fund Pubs. 197. 

"" 28 Fund Pubs. 170. 



92 Beginnings of Maryland. [444 

" what I must fetch out of the ground by planting this 
stinking weed of America, I must desert the place and 
business, which I confess I shall be loath to do, so cordial 
a lover am I of them both." He has rather exhausted his 
patrimony than made money hitherto "' and has expended 
a " vast charge " for two years, in building a grist mill for 
the province. Furthermore, while " hitherto we live in 
cottages," Cornwallis is now " building a house, to put my 
head in, of sawn timber, framed, a story and half high, 
with a cellar, & chimnies of brick, to encourage others to 
follow my example." Of " common stocks " he will have 
no more and his refusal to join with others of the " first 
adventurers, in accepting the last conditions for the trade," 
has made him seem, but not truly, to be the " only sup- 
posed enemy " to Baltimore's profit. He assures Balti- 
more of Hawley's loyalty to him and shows by his words 
that he is aware there are rumors to the contrary. There 
is great bitterness in his remarks with reference to Clai- 
borne. Cornwallis wrote of the act of attainder, "which 
comes for your Lordship's confirmation with many others 
among which, if there were none more unjust I should be 
as confident to see this same a happy commonwealth, as 
I am now of the contrary, if your Lordship be not more 
wary in confirming, than we have been wise in proposing." 
This shows that Cornwallis's opposition to Calvert and 
Lewger in the Assembly had been far from successful. 
Apparently, the religious laws are most distasteful to him 
and he hopes that no clause may be approved " that shall 
not first be thoroughly scanned and resolved by wise, 
learned, & rehgious divines to be no ways prejudicial to the 
immunities & privileges of that Church, which is the only 
true guide to eternal happiness." 

The third letter, from Thomas Copley,"' dealt chiefly 
with this same matter, viz., the position of the Roman 



"^ He speaks as though he had once possessed the monopoly of 
supplying the colonists with goods. "^28 Fund Pubs. 157. 



445] The First Settlements. 93 

Catholic Church in the province, and particularly of its 
ecclesiastics. Baltimore endorsed on it, " Herein are de- 
mands of very extravagant privileges." Copley begins by 
assuring the Proprietary that the Jesuits had not opposed 
the passage of the laws, nor intermeddled in any way 
with the Assembly, since it was not fit that they should 
be there and their " proxies would not be admitted, in that 
manner as we could send them." Even Calvert and Lew- 
ger said that the laws sent over were " not fit for this 
colony," and a recent hasty glance over those that were 
passed, causes Copley to pen an indignant protest against 
them. Here began a struggle between the Proprietor 
and Jesuits which had important results in the province."" 
Copley first objects to the provision that " 20 men be regis- 
tered here, before any one can pretend to a manor," and 
says Greene told him that, if this became a law, he must 
desert the colony, as he could not present that number 
of men, and his lands were unsalable."'* In a very tactless 
way, Copley insinuates that all Baltimore wishes from the 
province is the Indian trade, and proceeds to lecture him 
for hoping to draw a return from the province at an early 
date. 

The great cause of complaint, however, is the treatment 
of the ecclesiastics of the church. There is no care " to pro- 
mote the conversion of the Indians," to provide or show 
any favor to ecclesiastical persons, or " to preserve for the 
church the immunity & privileges which she enjoys every- 
where else." Lewger seems to say that " she has no privi- 
leges jure divino," but they are due, only when " the com- 
monwealths, in which the church is, grant them." He 
holds that they may proceed with ecclesiastical persons as 
with others, and has even granted warrants against 

"^ There is an excellent paper on this subject by Prof. Alfred 
Pearce Dennis in Proc. Am. Hist. Ass. 1900, vol. i, p. 107. 

"* He says that many question the legality of the passage of the 
acts and complain that Calvert, Lewger and "their instruments" 
did what they would through their proxies. 



94 Beginnings of Maryland. [446 

one of the Jesuits' servants. It is true the sheriff, Bald- 
ridge, a Protestant, desired Copley to send the man down, 
but added, in Calvert's presence, that he " must otherwise 
fetch him down." Worst of all, Lewger already demands 
1500 pounds of tobacco of the Jesuits for building a fort, 
though they should be freed from taxation, as they render 
their religious services gratis. 

The Legislature has apparently passed a law "° that men 
must relinquish their manor lands and cast lots for a 
choice. This may make the Jesuits lose their lands or 
pay quit-rent as freeholders, which they cannot do, having 
no corn. Even if they have the best lot and choose Mat- 
tapany, they must lose Gerard's Manor, bought at a " dear 
rate," and there will be no knowing when AssembHes shall 
again alter private rights. 

Other laws provide that they must have 15 freemen 
trained as soldiers on their manor, must plant two acres 
of corn for every head, and must lose the trade in beaver 
and corn, as well as lay out glebe lands in their manor, 
where they must be pastors (which is not their work) or 
employ others for this purpose. Forfeiture of land of nuns 
to the next of kin, an order for the payment of debts, and 
prohibition to take land from Indian kings, also are 
objected to, as is the act for enormous crimes, punishing 
the exercise of " jurisdiction & authority without lawful 
power and commission derived from the Lord Proprie- 
tary." This law would " hang any Catholic bishop that 
should come hither and also any priest, if the exercise of 
his functions be interpreted jurisdiction or authority." 
Having stated his objections to the laws, Copley warns 
Baltimore from assenting to them, in rather superior tones, 
and then asks for a " private order that we may, while the 
Government is Catholic, enjoy these privileges:" i. "That 
the church and our houses may be sanctuary;" 2. That the 

"° We really get our chief knowledge of the content of these laws 
from this letter. 



447] The First Settlements. 95 

Jesuits and their " domestic servants & half at least " of the 
" planting servants may be free from the public taxes and 
services and that the rest of our servants and our tenants, 
though exteriorly they do as others in the colony, yet 
that in the manner of exacting or doing it, privately, the 
custom of other Catholic countries may be observed, as 
much as may be ;" 3. That, " though in public we suffer our 
cause to be heard & tried by the public magistrate, yet 
that, in private, they know that they do it, but as arbi- 
trators & defenders of the church, because ecclesiastical 
jurisdiction is not yet here settled ;" 4. " That, in our per- 
sons and with such as are needful to assist us, we may freely 
go, abide & live among the Savages, without any license 
to be had here from the Governor or any other;" and, 
lastly, that it be left to the discretion of the ecclesiastics, 
to determine what ecclesiastical privileges they must relin- 
quish, to satisfy the English government, and that they 
may " enjoy any such privileges " as will not be noted by 
that government. 

As to temporal affairs,"'* Copley repeats their request for 
land and asks that they may be allowed to employ one boat 
in trade " whensoever we shall not otherwise use it," and 
to buy corn from the Indians without asking permission 
of the provincial authorities.''" Copley does not wish to 
eat " bread at their courtesy, whom as yet I have found 
very little courteous." 

Baltimore evidently called this letter to Lewger's atten- 
tion, for the latter refers to the Jesuits' complaints,'"* in a 
letter to the Proprietary dated January 5, 1638-9. Lewger 
says that when he told Poulton, a Jesuit priest who had 
just arrived, what were Baltimore's instructions of last 
summer, Poulton seemed surprised and would not believe 

"* Baltimore answered that they of the hill, " i. e. the Jesuits," 
" should have some temporal person to manage their affairs." 

"' He accuses the chief men of the colony of " neglecting planting 
for a peddling trade," and says it will be many years ere enough 
grain is raised for sustenance. 

"' 28 Fund Pubs. 194. 



96 Beginnings of Maryla)id. 

that More, the EngHsh Provincial of his Order, had said 
that " a CathoHc magistrate may in discretion proceed here, 
as weh affected magistrates in the Hke cases do in Eng- 
land." Lewger protests that he is not " conscious of any- 
thing yet done out of disrespect to their persons, functions, 
or rightful liberties." He writes of trade, of sending 
Baltimore deer and birds and arrowheads,"" of the Pro- 
prietary's cattle in St. Mary's and of those he confiscated 
in Kent,"" of providing swine, hens,"'' sheep,"' goats and 
negroes '^ for the Proprietary and his sister, ]\Irs. Eure."" 

Father White's Report 

A month later than Lewger, Father White wrote an im- 
portant letter '" to Baltimore. He said that the estate of the 
province was " every day bettering itself, by increase of 
planters & plantations & large crops this year of corn & 
tobacco, the servants time now expiring." "" He thought 
Baltimore was " much beloved & honored of all " and in- 
sisted that " we must use all means to full people the coun- 
try." Men, who have been in the province, must be em- 
ployed " as faithful servants, to your Lordship & this Col- 
ony for God's glory," to visit " all the shires of the land and 
work sollicitously with such a spirit of fervor & paines as if 
God required no other thing in this world in their hands 
but this." Every planter must bring over a man for every 
2000 pounds of tobacco he raises. Baltimore himself may 

^"^ Apparently Leonard Calvert had explored beyond the falls of 
the Potomac (28 Fund Pubs. 201). Calvert must attenv! to providing 
arrow-heads. Lewger wrote that he scarce sees an Indian or an 
arrow in half a year (op. cit. 198). 

"" " Kine is a slow profit," and there is danger of overstocking the 
province. 

"" Lewger can spare 50 or 60 breeding hens at any time. 

^" He hopes to get these from Kemp in Virginia. 

^" " I hear of none come in this year." 

"* He discusses the adjustment of accounts between Leonard Cal- 
vert and his brother, the Proprietary, and plans to obtain a house 
for the latter. 

"' 28 Fund Pubs. 201, dated Feb. 20. 

"" L e. those brought over in 1634, bound for 5 years. 



449] The First Settlements. 97 

reap the return, which the Jesuits have just had from their 
overseer, if the Proprietary will send over 45 men, under 
a careful overseer, and may receive 1000 pounds of tobacco 
per man and seven barrels of corn,"' with peas, beans, and 
" mazump," with 200 head of poultry and turkeys. After 
the men are freed they " may, forever, by their chief rent 
maintain your Lordship's house." White also suggests 
that the Proprietary monopolize certain trades, especially 
that of brickmaking, and buy ships to be used for trade 
in Maryland tobacco, in exchange for all manner of com- 
modities, sold from the Proprietary's " magazines in this 
Colony at reasonable prices." Other suggestions for gain 
are through the raising of swine on some large island and 
of goats and milch cattle, and through the planting of 
vineyards, the wild grapes of the province yielding a wine 
" not inferior in its age to any wine of Spain." As to the 
trade in beaver, White suggests that the " last concordat " 
between the " first adventurers " and the Proprietary is 
not satisfactory. By this concordat they paid the tenth 
of their cloth and beavers for five years and then " have 
no more right in trade," whereat they murmur that, in 
the " declaration and conditions of plantation, both share 
in trade and the land runs in one and the self same tenor," 
and, if the conditions as to trade are altered, " they can 
have no assurance for the lands you give them." A " com- 
mon stock " has twice been tried and in it " every body 
was losers, which makes every body protest against it, as 
an engine and mystery to undo your Lordship & them." 
White urges Baltimore to yield greater privileges to the 
first adventurers and not make it easy for them to absent 
themselves from home *** and trade in New Albion, divert- 
ing the trade of the province and setting up a market 
elsewhere, as Fleet has already planned. Better would it 
be for Baltimore to establish 3 factories: one at Palmer's 

"' Corn probably means grain here. Mazump is maize or Indian 
corn. 
"' Is not this the first time the word was applied to Maryland ? 

30 



98 Beginnings of Maryland. [450 

Island, for the trade of the Susquehannoughs ; one at Nanti- 
coke, " for all the Eastern foreland " ; and the third at Ana- 
costia, for the Mattawomecks. At each factory place a 
man with " sufficient truck " and " at the end of May, our 
boat may go and fetch the beaver at very small charge." 

Of his personal affairs. White writes that he misses Cop- 
ley and longs for the return of Altham, " who is a true 
zealant of the good of this place, very active & stirring." 
It seems these men have gone to England to smooth out 
matters between the Jesuits and the Proprietary. White 
is growing deaf and plans to return to London for treat- 
ment and so hopes more priests will soon be sent. The 
noble character of this saintly man is well seen from the 
fact that his great regrets are that the deafness hinders 
his hearing confessions and " learning the Indian language, 
which hath many dark gutturals & drowneth often the last 
syllable or letteth it so softly fall, as it is even by a good 
ear hard to be understood." His return will be but tempo- 
rary. He wishes to be away from the province for a year 
only and, on his return, " I trust to bring more with me, 
who will not come alone." He is the first true Marylander 
in his love for the land. The health of the province has 
not been good; i6 have died "by disorder of eating flesh 
& drinking hot waters and wine, by advice of our Chir- 
urgeon,"" rather than by any great malice of their fevers,"""* 
for they who kept our diet & abstinence generally recov- 
ered." "The over goodness of the land maketh'the viands 
too substantial, that, if duly regulation be not used, in 
the time of summer, either agues arise from undigested 
food, or fevers, because great quantities of blood and vital 
spirits take fire from the heat of the season (our buildings 
being far too unfit for such a climate) or from some vio- 
lent exercise." These diseases are "troublesome enough, 
where we want physic, yet not dangerous at all, if people 

**• Is this Gerard, who is criticised? 

*" White was twice at the point of death from fever in the past 
year. 



451] The First Settlements. 99 

will be ruled in their diet, which is hard for the vulgar, 
unless we had a hospital here to care for them & keep 
them to rule perforce, which some worthy persons of this 
place do think upon." This is probably the first suggestion 
for an hospital in British North America. Poor people, 
we may well imagine them, in those rude cabins, during 
the hot weather of summer, shaking with fever and ague 
and not yet supplied by their pious priests with that 
Jesuits' bark, which has ameliorated so much man's con- 
dition in the years since quinine has become a well-known 
drug. 

Early Court Records 

The organization of the province was becoming fixed. 
The first marriage license, to William Edwin and Mary 
Whitehead, was issued on March 26, 1638,'" and a month 
before, on February 19, 1637-8, the first will was re- 
corded,"' that of a devout Roman Catholic, William Smith, 
who died probably in the autumn of 1635, leaving all his 
goods to his wife Anne.'^'^ The delay in filing this will 
shows that, until Lewger's arrival with Leonard Calvert's 
second commission, there was little formality in the ad- 
ministration of affairs. In fact, the first record of a suit 
in the Provincial Court is that of those brought by Evelin 
against the Kent Islanders on December 30, 1637. When 
the records begin, suits for debt and filing of recognizances 
to be satisfied when the tobacco crop comes in, are fairly 
frequent."* From these recognizances, we find that sev- 
eral planters were accustomed to work land in partnership 
with each other."" Suits for wages and covenants about 
hiring servants and paying their wages begin these long 
discussions concerning indentured servants, which are so 

'"9 Fund Pubs. 280; 4 Md. Arch. Prov. Ct. 25. 
'"9 Fund Pubs. 282. 
"' 4 Md. Arch. Prov. Ct. 16. 

'"Ct. 4 Md. Arch. Prov. Ct. 4, 5, 7, 8, 9, 11, 12, 17, 28, 31, 39, 46. 
Debts usually to be paid on Nov. 10. 
'"'Cf. 4 Md. Arch. Prov. Ct. 7, 9, 10, 11, 12, 13, 15, 17, 26, 32. 



100 Beginnings of Maryland. [45^ 

characteristic of a bygone condition of society/"^ There 
is considerable formality and careful copying of English 
precedents from the first. Among the suits, we find one 
for defamation/" another in which Cornwallis was defend- 
ant, and the plaintiff unsuccessfully tried to prove that a 
hogshead of tobacco had been sold as " good and mer- 
chantable," but " proved nought," being wetted."' A man 
is bound over to keep the peace, "° and there are a few 
miscellaneous cases, among them one of assumpsit against 
a sawyer, who was alleged not to have delivered boards for 
the use of the Jesuits at the appointed time.''" The im- 
portant case of the year,*" however, was that against Wil- 
liam Lewis. On Sunday, July i, Lewis told Cornwallis 
that some of his servants had drawn up a petition to Sir 
John Harvey and intended, at chapel*"* that morning, to 
procure all the Protestants to sign it. Cornwallis called 
Lewger — Calvert being probably in Virginia — and then 
sent for Robert Sedgrave, one of those of whom Lewis 
spoke, and drew from him a confession of the writing, 
which he said was in the possession of Francis Gray, the 
carpenter. Gray was called, said that he had not as yet 
read the paper, which he drew from his bosom, but that 
Sedgrave had desired him to publish it to some of the 
freemen and procure them to sign it, as a petition to the 
Governor and Council for the redress of grievances. On 
reading the petition, which is couched in quaint, devout 
terms, it was found to be a complaint of the " abuses and 
scandalous reproaches which God and his ministers do 
daily suffer " from Lewis. He said that the Protestant 

"'4 Md. Arch. Prov. Ct. 17, 21, 26, 27, 28, 33, 34, 47. 

'" 4 Md. Arch. Prov. Ct. 18. The action was settled out of court. 

*"'4 Md. Arch. Prov. Ct. 15. 

"» Op. cit. 19. 

"" Op. cit. 35, 40. 

=" Op. cit. 35- 

"'What chapel was this? Was there Protestant service at St. 
Mary's? Lewis Hved at St. Inigoes. He married shortly after- 
wards (op. cit. 50). He was the Jesuits' overseer (28 Fund Pubs. 
158). 



453] The First Settlements. 101 

clergy were " ministers of the devil," that their books are 
made by " the instruments of the devil," and will not allow 
his servants to " keep or read any book ■^hich doth apper- 
tain to our religion." " This greatly discomforts these poor 
bondmen . . . especially in this heathen country, where 
no godly minister is to teach and instruct ignorant people 
in the grounds of religion." Further, Lewis calls men 
into " his chamber & there laboreth with all vehemency, 
craft, & subtlety to delude ignorant persons." After read- 
ing the petition against " these absurd abuses & heridicu- 
lous crimes," Sedgrave and Gray were bade to return in 
the afternoon with security to attend court on these 
charges. The case was heard on Tuesday, July 3, before 
Calvert, Cornwallis, and Lewger, Sedgrave then testified 
that he had written the petition, because he and Gray were 
much offended at Lewis's speeches. When written, he 
kept it until Sunday, that Gray might speak with Copley. 
This he did on Saturday, and reported that Copley had 
given him good satisfaction and blamed much Lewis " for 
his contumelious speeches & ill governed zeal Sz said it 
was fit he should be punished." Gray testified that he 
asked Sedgrave to draw the petition, as the servants did 
not know what to do and could not go to the Governor 
for redress, as the freemen could. Lewis maintained that 
the whole accusation came from the fact that he came into a 
room where Sedgrave and Gray were reading Smith's ser- 
mons and they read the book aloud " that he might hear it, 
the matter being much reproachful to his religion, viz. that 
the Pope was Anti Christ & the Jesuits Anti Christian 
ministers." Lewis answered that " it was a falsehood and 
came from the devil as all lies did & that he that writ it 
was an instrument of the devil," and that he allowed them 
to have any books they pleased, " so that they read them 
not to his ofTence or disturbance in his own house." Here 
was a troublous matter.^"^ Lewis was arousing the reli- 

'^ The Governor refused to entertain hearsay evidence of the 
intent of the men to appeal to Virginia and have Lewis proceeded 
against there for treason. 



102 Beginnings of Maryland. [454 

gious question, which the administration had tried so hard 
to quiet, and might embroil matters in Virginia and Eng- 
land. Cornwallis thought that Lewis " offended against 
the public peace & against the proclamation (made in 1634) 
for the suppressing of all such disputes, tending to the 
cherishing of a faction in religion." Lewger said Lewis 
was guilty of " an offensive & indiscreet speech " and of 
exceeding his rights, by forbidding his servants " to read 
a book otherwise allowed and lawful to be read by the 
State " of England. He thought the general charges un- 
proven, but, " because these his offensive speeches and his 
other unseasonable disputations in point of religion, were 
against public peace and a proclamation," he must pay a 
fine of 500 pounds of tobacco and give security for good 
behavior. As this judgment was passed by three Roman 
Catbclic judges on one of their own faith, it goes far to 
prove that religious freedom existed in the province from 
the very first, especially as this action in the way of a 
religious controversy is a unique one in these early years. 
Five marriage bonds '" were recorded in the court during 
our period, and seventeen estates came to be settled by 
Lewger as Judge of Probate.*** All is done in due form. 
Adminstrators are appointed and give bond, inventories 
are filed, nuncupative wills are sworn to, and distribution 
made.*** The only prominent men in this list are Jerome 
Hawiey, who died in July, 1638, leaving a small estate, 
which was consumed in paying debts; Robert Wintour, 
another councillor, who died during the summer of 1638; 

"*Op. cit. 24, 50, 51. 

**° Three inquests are recorded: two of these are on men drowned 
(op. cit. 24). 

'*" I. J : Bryant, op. cit. 9, 23, 25, 30, 31, 33. — 2. Michael Scott 
(Kent), 12. — 3. J: Saunder, 14. — 4. W: Smith, 16, 48. — 5. J: Baxter, 
storekeeper, 76, 103. — 6. Susan Sey (Hawley's servant), 24, 44. — 
7. Thomas Cullamore, 24, 39, 40, "74, 102. — 8. Z. Mottershead, 24, 
27, 46. — 9. W. Blizard (Kent), 24. — 10. Richard Bradley, 32. — 11. 
Jerome Hawiey, 37, 40, to 45, 59, 100, 503. — 12. Andrew Baker, 43, 
105 (Evelin's servant). — 13. J: Smithson, 45. — 14. Jas. Hitches, 49, 
54. 73- — 15- E. Bateman, 54, 72. — 16. Justinian Snow, 55. 79, 108. — 
17. Robert Wintour, 85, 105. 



455] The First Settlements. 103 

and Justinian Snow, who died " on the main sea," sailing 

to Maryland. The last was not in the jurisdiction of 
the court at the time of his death, but to save his goods 
his brother Marmaduke was appointed administrator of 
all property in Maryland or on the high seas.*" 

If some died, others came. Thomas Gerard, surgeon, 
had arrived with his brother-in-law, Marmaduke Snow, in 
April, 1638, and, on November 22, came the Brents, Mar- 
garet and Mary, and their brothers, Giles and Fulke,"* 
with their servants."' 

The Third Assembly 

We hear but little else of the province during this year. 
In April, two men of Accomack were killed by Indians in 
a boat somewhere on the Eastern Shore."* In October, 
the vacant place of Commander of Kent Island was filled 
by the appointment of Wm. Brainthwait, who was em- 
powered to hold a magistrate's court there and grant exe- 
cution for debts."' 

As it drew on towards the close of 1638, Leonard Cal- 
vert received tidings from his brother, in a letter "' dated 
August 21, that he yielded his claim of the initiative in 
law-making and authorized the Governor in every General 
Assembly summoned in the province " to give assent unto 
such laws as you shall think fit and necessary for the good 
government of Maryland," which laws are approved by the 
major part of the freemen or their deputies. These laws 
must also conform to those of England and, when ap- 
proved by the Governor, were to be in force unless trans- 
mitted to the Proprietary and vetoed by him under 

""'A month afterwards (April 24, 1639), as Marmaduke Snow 
was non compos mentis, Thomas Gerard was substituted for him. 

^°*The brothers returned to England in March following, for a. 
short time (Kilty's Landholder's assistant, 67). 

'^'3 Md. Arch. Coun 74; 28 Fund Pubs. IQ5. The boat was not 
worth repairing; the beaver and peake were taken by L. Calvert 
as perquisites of his office of admiral. 

'"2 Md. Arch. Coun. 81. *" i Md. Arch. Ass. 31. 



104 Beginnings of Maryland. [456 

the great seal of the province. This important point being 
settled, Calvert felt that it was wise to call a new Assembly, 
that some laws might be enacted. On December 21, 
1638,'" he summoned such body to meet at St. Mary's on 
the following 12th of February. The summons for the 
Assembly of the previous winter had called the freemen 
together " to consult & advise of the affairs of this Prov- 
ince." This summons calls their deputies for " the enact- 
ing of laws & other serious affairs." Two " discreet, hon- 
est burgesses " *" should be chosen for each hundred by 
majority vote and the freemen of Kent should contribute 
" for the defraying of the charges " of their representatives 
incurred by " repairing to the Assembly." The first gen- 
eral election ever held in Maryland was carried on as fol- 
lows : At Kent Fort the Kent Islanders met on February 
18, 1638-9, and William Brainthwait, Commander of the 
Island, acted as judge. Lewger, as Secretary of the Prov- 
ince, acted as judge at all the Western Shore elections; 
meeting the freemen of Mattapanient Manor at his house 
on February 14; those of St. Michael's Hundred at St. 
Inigoe's on the 18th; those of St. Mary's at his house on the 
19th; and those of St. George's at Capt. Fleet's former 
house on the 21st. Each Hundred chose two burgesses, but 
Mattapanient, which, being small, chose but one. Five 
men were personally summoned to the Assembly and 
these with Lewger and Calvert and the nine Burgesses 
made an Assembly of 16 members, which sat as one house"* 
and began its sessions "° on Monday, February 25, 1638- 

"' The writ to Kent Island was directed to the Commander ; to 
the Western Shore Hundreds, to the several freemen by name. 
I Md. Arch. Ass. 27. 

*'' Bozman, 103, 104, suggests the name may have come from 
Virginia and that the double vote of Governor and Proprietary may 
have been taken from the same source. 

"* I Md. Arch. Ass. 32. 

""At Kent Island, 48 men voted, half of them for one of the 
deputies and half for the other. From Mattapanient, 7 voted, and 
of the six names signed to the return, 5 made their marks. From 
St. Michael's, 14 men voted, and of the 12 signatures to the return, 



457] The First Settlements. 105 

9, at St. Mary's Fort, whence it at once removed to St. 
John's."* CornwalHs is here and so are Greene and Dr. 
Gerard, while the two Brents, Fulke and Giles, have come to 
the province and been added to the Council. Wintour was 
dead and Evelin was away and John Boteler, Claiborne's 
brother-in-law, who had become partially reconciled to 
the Proprietary party, did not appear, though summoned 
as member of the Council. On the first day,"' Cuthbert 
Fenwick and Robert Gierke, the Jesuits' employee, came 
and "claimed a voice, as not assenting to the election " of 
St. Mary's Burgesses. They were admitted, but seemed 
content with thus establishing their rights, for they do not 
seem to have returned after the morning session, and thus 
their admission was not so important as has been thought 
by some historians. The first thing done was to read 
Baltimore's letter,"' permitting the Assembly to initiate 
legislation, and then was passed, before the rules of the 
houses were adopted, "An act for establishing the house of 
Assembly & the laws to be made therein." This act 
claimed for the Maryland Burgesses that they " supplied 
the places of all freemen consenting " to their election, " as 
do the Burgesses in the House of Commons " in England, 
and that they form the House of Assembly with the " gen- 
tlemen " personally summoned and such other freemen, 
who did not consent to the election, as may assemble.'* 
Twelve was a quorum, of which number the Lieutenant- 
General and Secretary should always be two. The Gov- 



7 were those of marksmen ; 17 voted from St. Mary's and 7 of the 
15 signers of the return made their mark. Of the St. George's 
men, 20 voted, and 8 of the 18 signers were marksmen. The bur- 
gesses, of course, never signed the return, so we find there were 
50 voters in Kent and 58 in St. Mary's, showing no great prepon- 
derance in the population of the Western Shore. 

*'*2 Bozman, loi, suggests that this was Baltimore's manor house 
near the town. 

"' I Md. Arch. Ass. 32. Was their admission merely to prove the 
right of any freeman ? 

''* It was read again on the 28th. i Md. Arch. Ass. 35. 

''» I Md. Arch. Ass. 33, 81. 



106 Beginnings of Maryland. [458 

ernor had a casting vote and bills which were approved 
by the " major part of the persons assembled " and as- 
sented to by him, in the name of the Proprietary, should 
become laws, as if the Proprietary and all the freemen 
were personally present and assenting. The passage of 
this bill was followed by the adoption of orders "* to be 
observed, largely copied from the rules of the last House. 
An act touching the payment of tobaccoes, already the 
provincial currency, was read,'*' and the Assembly ad- 
journed till afternoon. At that time, 13 bills were intro- 
duced and then the House adjourned until Thursday, when 
20 more bills were brought in. On the same day, the As- 
sembly vindicated its powers as a court, by hearing a civil 
case, refusing a pardon to a Kent Islander,'"' and vot- 
ing to have " whipped three several times " a man who 
was convicted of " flight and carrying away of goods un- 
lawfully from his Master." *" In the discussion of the bills 
which had been introduced, the House was occupied on 
Friday and Saturday and then adjourned until Wednes- 
day, March 6, on which day a civil case, in which Corn- 
wallis was a party, was heard. On Thursday, the coura- 
geous Mrs. James's suit against Evelin was heard,*** and 
the " Court," for the Assembly was both legislative and 
judiciary, ordered that the " damages demanded should 
be alleged & drawn up in form next day," but no trace of 
this is found.**' From Friday the Assembly adjourned 
until the next Friday, March 15, and, from that day, on 
which they did Httle, to Monday, March 18. At that time*** 



**" I Md. Ai v.h. Ass. 3S- No one to use " nipping or uncivil terms." 

**^This bill seems to have been rejected on March i. i Md. Arch. 
Ass. 36. 

'" I Md. Arch. Ass. 35. I cannot find record of his conviction nor 
what liis " censure " was. ,. 

*" Ten voted. Greene wished him hanged. 

''* I Md. Arch. Ass. 37. 

*" An interesting point of parliamentary law was raised this day, 
showing how keen the members were to seize on mistakes in pro- 
cedure. I Md. Arch. Ass. 38. 

"* I Md. Arch. Ass. 39. 



459] The First Settlements. 107 

a new bill, " ordaining certain laws for the government 
of this Province," was introduced and twice read, and the 
Assembly returned to St. Mary's. On the morrow, this 
bill was passed, four of the Western Shore Burgesses vot- 
ing against it, and the Assembly adjourned. Lewger 
spread on the records, in full, 36 bills which had not come 
to final passage. A probable theory is that Lewger, or 
some English lawyer, drafted these bills, which were too 
complex to suit the Assembly, and that after several ad- 
journments, in the vain hope to have the bills passed, 
Calvert accepted a short but comprehensive measure.'*' 

The First Provincial Laws 

The act was established as a temporary one, to endure to 
the end of the next General Assembly, or for three years, 
if there be no Assembly within that time. Though Black- 
stone's remark ^ that the colonists carried " with them so 
much of the English law, as was applicable to their own 
situation & the condition of an infant colony," is a correct 
statement of the position of Maryland men, here, at length, 
through the Proprietary's judicious concession, is a begin- 
ning of their own law-making and here too began the enact- 
ment of temporary laws, so conspicuous a feature of the 
province's history. The statute begins with the rather 
mysterious statement that " Holy church within this Prov- 
ince shall have all her rights & Liberties." "** This is prob- 
ably an echo of a similar clause in Magna Charta and 
hardly looked towards an establishment of the Roman 
Catholic Church, as Bozman thought. Johnson's view is 
more probable, that the Assembly meant " that the Chris- 
tian Church should be free from unlawful interference by 
any temporal power whatever," and that the provision was 
a " guaranty of liberty of conscience to all Christian people 
in Maryland." 

'" I Md. Arch. Ass. 82. *" i Commentaries, 107. 

"• I Md. Arch. Ass. 40, 82; 2 Bozman, 107 ff. x8 Fund. Pubs. 2. 



108 Beginnings of Maryland. [460 

The second provision "' required all " inhabitants " to 
take " an oath of allegiance to his majesty," but gave no 
form for such oath, though one had been contained in a 
bill which failed of passage. This latter bill was based on 
the EngHsh Statute,"' but omitted from the oath it pre- 
scribed the denial of the power of the Pope to depose the 
King or intermeddle in English aflfairs. The bill also in- 
serted the word " lawful " before " successors " of the King- 
in stating to whom allegiance was sworn, and omitted the 
word "persons," in binding the oath-taker to defend the ruler 
from conspiracies against " his or their crown or dignity." 
Bozman suggests, acutely, that these changes would render 
the oath more acceptable to Roman Catholics and reminds 
us that the unamended oath was the one tendered the first 
Lord Baltimore in Virginia some years before. Though 
the bill was not passed, Calvert adopted the form of oath 
therein contained as the one to be used in the province,, 
and at a court held the day after the adjournment of the 
Assembly, had the secretary administer this oath to him, 
and then Calvert administered it in turn to all the Council.''" 
The statute goes on to state that the "Lord Proprietary 
shall have all his rights &prerogatives." Here again we have 
merely a general statement, but two of the engrossed bills 
show us what probably was meant and that especial thought 
was directed to his title to the lands and to his monopoly of 
Indian trade. Claiborne, and the Dutch and Swedes on the 
Delaware, must be kept out. Just at this time, the spring 



""2 Bozman, iii. 

^ 3 Jac. I, ch. 4, the oath is given in full in 2 Bozman, 600. 

"^3 Md. Arch. Coim. 85. 2 Bozman, in, thinks this a proof that 
the bills copied in the records, but not enacted, were considered as 
directory to, if not obligatory upon, the inhabitants of the province; 
but it seems more likely that, in the absence of a legally enacted form 
of oath, Calvert chose a form which was acceptable to himself. 
On the same day, he gave official oaths to councillors and secretary 
in form prescribed by another bill which failed to pass (vide, i Md. 
Arch. Ass. 44). Similarly we find that this form was used five 
years later, when James Neale was sworn in the Council (3 Md. 
Arch. Ass. 131). 



461] The First Settlements. 109 

fur trade was beginning and Calvert was very active.*** On 
March 6, he directed John Harrington to seize any per- 
sons, vessels or goods found in the Indian trade without 
the Proprietary's license; "* on March ii, he commissioned 
Fenwick and John HoUis to search any vessels in the 
province and arrest those engaged in such illicit trade; 
and on March 14, he commissioned Andrew Chappell and 
Thomas Morris to engage in the Indian trade. 

The fourth provision of the act enacts that the inhabi- 
tants shall have all their " rights and liberties according to 
the great charter of England." *" This brief but compre- 
hensive statement was substituted for a bill enumerating 
provisions of the great charter to which the colonists were 
entitled, and its breadth shows the completeness with 
which the settlers claimed the right of Englishmen. 

The next two paragraphs in the law are well called a 
" legislative confirmation of the previous arrangements," 
for the judiciary made by the executive,"" They follow 
Baltimore's instructions to Calvert, in great measure, and 
direct that the Governor within the province and the com- 
mander of Kent, within the island, except where they are 
parties, shall be judges in civil cases, the Governor being 
apparently not bound by his Council's opinions. In criminal 
cases, however, the Lieutenant-General and Council have 
jurisdiction and, in crimes punished by loss of life or mem- 
ber, a jury trial is necessary for conviction.""' Bozman 
points out that by the commission of April 15, 1637, the 
judges should determine cases involving loss of life or 



*" I Md. Arch. Ass. 41, 44. A bill for trade with the Indians 
was rejected, p. 36, and a second one of different character intro- 
duced, p. 38 (3 Md. Arch. Coun. 84). 

"* 3 Md. Arch. Coun. 83, 85. A commission of the sort was 
issued on April 13 to T: Boys (3 Md. Arch. Coun. 85). Licenses 
to trade are found to Andrew Chappell and Thomas Morris (5 Md. 
Arch. Coun. 84, 87). 

'"2 Bozman, 116; i Md. Arch. Ass. 41. 

"'2 Bozman, 117; i Md. Arch. Ass. 83. 

'''' The commander of Kent was able to act in petty cases without 
'"Council." 2 Bozman, 119 ff.; i Md. Arch. Ass. 71 ff. 



110 Beginnings of Maryland. [463 

member as a punishment " according- to the laws of the 
Province," and there were no such criminal laws passed, 
though bills were introduced for treasons, felonies, allow- 
ing book to certain felonies (i. e., benefit of clergy) and " de- 
termining enormous offences." 

Other bills,""* which failed, would have made the judicial 
system more complex, providing for a court of admiralty, 
a county court, a court of chancery, a pretorial court for 
trial of capital crimes and enormous offencesT The jus- 
tice of the peace's court was provided for in another bill, 
and still another directed the establishment of tythingmen 
of manors, constables of hundreds, a sheriff and coroner 
of the county, and a public executioner. A complete or- 
ganization of the Island of Kent was formed by still another 
bill, while still another provided for the recovery of debts.°°° 

In the seventh paragraph of the statute, we find a con- 
firmation of the probate powers of the secretary and a 
grant to the commander of Kent to preserve the estates 
of deceased persons, till a will be filed or administration 
granted."" An elaborate bill for succession to goods is 
found among those engrossed, as are others to fix descent 
of lands, assuring land titles, enrolling grants '"' and 
" people of the province, and limiting times of servants.""" 

Though a militia law was among those that failed, the 
act passed provided for the use of military power by the 
captain of the military band and the commander of Kent, 
under direction of the Governor."" 

The great subject of officers' fees,"° so long a vital one 

^'' 2 Bozman, 127 ff. ; i Md. Arch. Ass. 46 fif. 

2«» -pj^g name doubtless comes from the Latin word praetoria, used 
in the charter as the name of one of the courts the Proprietary 
might establish. Special privileges given Lords of the Manor in 
this bill seem to show the purpose of establishing a colonial nobility. 

"^ I Md. Arch. Ass. 67; 2 Bozman, 141. 

'" I Md. Arch. Ass. 64 ; 2 Bozman, 144. 

'" I Md. Arch. Ass. 60 ff. 

"" I Md. Arch. Ass. 80. 

'" I Md. Arch. Ass. 77-84. 

"'' I Md. Arch. Ass. 57 ff. ; 2 Bozman, 146. 



463] The First Settlements. Ill 

in provincial politics, is first introduced here by a provision 
that they be paid, according to the table in an engrossed 
bill. The treasurer is to defray necessary public charges 
by warrant from Governor and Council. The Governor 
and Council are empowered to '" appoint " how goods with- 
out an owner shall be " employed." ^°* Goods of an insol- 
vent debtor must be " sold at an outcry & distributed 
equally among all the creditors inhabiting within the Prov- 
ince," with the following preferences: first, debts to the 
Lord Proprietary; second, fees and duties to public officers 
and charges; third, ordinary debts; fourth, debts for " wine 
and hot waters." This early insolvency law shows also 
the first unfavorable legislation towards the liquor traffic. 

Every person planting tobacco was directed by the stat- 
ute to " plant & tend 2 acres of corn," to prevent danger 
of want in case of Indian hostility or of growth of popula- 
tion beyond what the Indians could supply;'"' tobacco 
shipped from Maryland to any place not in England, Ireland 
or Virginia should pay an export duty of 5 per cent, which 
the engrossed bill gave to the Proprietary, thus imitating 
a similar duty which went to the King in the Virginia 
charter."' 

The next paragraph of the act deals with constitutional 
law and provides that future Assemblies shall be com- 
posed just as this one was, of Governor, Secretary, Gentle- 
men especially summoned, and one or two burgesses out 
of every hundred."" 



"" I Md. Arch. Ass. 84. 

'" 2 Bozman, 83, 148, 593, shows that Charles I attempted to make 
a royal monopoly of tobacco traffic in 1635, and points out 
that a similar law was passed in Virginia in 1624 and 1629. i Md. 
Arch. Ass. 79, 80, act for weights and measures for custom on 
tobaccos. 

"" Public ports are provided for in the engrossed bills, i Md. Arch. 
Ass. 76. 

°°°2 Bozman, 151. Engrossed bills, providing for at least a trien- 
nial assembly and prescribing what persons should sit therein, are 
found in i Md. Arch. Ass. 74 ff., and a Town house is directed to 
be built, p. 76. 



112 Beginnings of Maryland. [464 

The act proceeds, directing that all commissions from 
the Proprietary in force at his death shall remain so till a 
new commission issues under the great seal, and the final 
provision is a quaint one, levying as a tax, a maximum 
amount of 10,000 lbs. tobacco a year, for two years, on all 
inhabitants of the colony, to pay for " any bargain which 
the Lieutenant General & council shall make with any 
undertaker for the setting up of a water mill for the use of 
this colony." 

Here a discussion of the beginnings of Maryland may 
well end. The Proprietary has secured title to his prov- 
ince and established a permanent settlement there, has 
ousted all other claimants for the time being, and has estab- 
lished a permanent policy with reference to his relations 
to the settlers in matters of law-making. Economically, the 
fur-trading period of provincial history is passing away 
and the planting period is beginning. In the near future, 
the troubles of the English Civil War will involve the 
province in difficulties and show the beginnings of that 
interrelation of English and American politics, which 
lasted until there was no longer a province of Maryland. 
A study of these troubles, however, may well be disasso- 
ciated from the narration of the first settlement. 



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